1 wp3006.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3006 OF 2010 Prakash Babaram Chikhalkar. ....Petitioner Vs. State of Maharashtra & ors. ....Respondents Ms. Rebecca Gonsalvez, advocate for petitioner. Dr. F.R.Shaikh, APP for State. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 21, 2010. P.C. 1. By this Petition under Article 226 of the Constitution of India, the order passed by the Appropriate Authority in rejecting the Petitioner’s application for release on furlough leave is subject matter of challenge. The principal reason stated by the Appropriate Authority for rejecting the Petitioner’s request is that there was adverse report against the Petitioner. In as much as when the petitioner was released on furlough leave on the earlier occasion, he indulged in two non-congnizable offences, which were reported to the Worli Police Station. Even so, it is open to the Appropriate Authority to consider request of the Petitioner by imposing strictest conditions, such as not to enter Worli area or District Mumbai, where the incident had occurred or for that matter to contact 2 wp3006.10 the concerned witnesses, who had deposed against the Petitioner including of reporting to local police station or such other conditions, as may be advised. If the petitioner was to comply with such conditions, may be released on furlough leave on such terms and conditions. In other words, the Appropriate Authority will reconsider the case of the Petitioner on its own merits and pass appropriate order, as may be advised. That be done within 8 weeks from receipt of the copy of this order. Petition disposed of on the above terms. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)