1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.111/2011 Nirbhayasingh Shyamsingh Malkam, Convict No.C/7225, Central Prison, Nagpur ...Versus... The D.I.G. Prison (E) (R), Nagpur and another Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Petition received by post] [Mr. T.A. Mirza, APP for respondents] CORAM : A.H. JOSHI AND A.B. CHAUDHARI, JJ. DATE : 18.02.2011. 1. The application for furlough has been decided by the Divisional Commissioner, Nagpur Division, Nagpur. 2. The petitioner's grievance is that the policy of the State Government as to time frame for deciding the application is not followed. 3. We had called learned A.P.P. to take instructions after contacting the Collector, Seoni as to the progress in the matter. 4. Learned A.P.P. has informed this Court that during the pendency of the petition, report was received, and the furlough has been rejected. 2 5. We do appreciate the petitioner's anxiety that his application ought to have been decided in 45 days time. The District of Collector, Seoni, State of Madhya Pradesh, does not come under the control of Government of Maharashtra for observing time frame fixed by it. 6. Moreover, had the report not been received even till date, we would have certainly issued notice to Collector and Superintendent of Police, Seoni for granting appropriate relief. Therefore, at this stage, such exercise is not necessary. 7. We, therefore, dispose of the petition with no further order. 8. We clarify that the disposal of present petition does not preclude the petitioner from challenging the order, rejecting prayer for furlough. 9. Steno copy of this order be supplied to the learned A.P.P. for communication the contents thereof to the prisoner through the Superintendent, Central Prison, Nagpur. Judge Judge ssw