1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1281 OF 2009 Shaikh Ali Shaikh Umar .... Petitioner Vs. State of Maharashtra & Ors. .... Respondents Ms A.M.Z. Ansari for the Petitioner. Shri K.V. Saste, APP, for the State. CORAM: BILAL NAZKI & A.R. JOSHI, JJ. DATED: AUGUST 21, 2009 P.C: In pursuance of our order dated 14-8-2009 the Government has passed an order rejecting the application of the petitioner for grant of furlough. The copy of the said order is taken on record. The application has been rejected mainly on two grounds. Firstly, it is contended that the police report is against the petitioner and secondly, that the surety he had named was not available at the given address. Learned counsel appearing for the petitioner submits that the surety had been changed by him 2 and he had given the name of his brother-in-law and his address was also mentioned. According to the impugned order, inquiry in relation to the said surety is pending. On this ground, the petitioner's application could not have been rejected. Only after the application for furlough is rejected, Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 would come into play and the Government could release him on surety and if there was no surety, the Government was not obliged to release the petitioner. As regards the adverse police report against the petitioner is concerned, it merely says that the petitioner is a history sheeter and was involved in a bomb-blast case. In terms of Rule 4 of the Rules, we do not find that a person involved in a bomb-blast case cannot be granted furlough, which otherwise has to be granted as a matter of right. The petitioner has been sentenced to suffer imprisonment for life. He has been in continuous custody for the last 16 years and the major part of the sentence has already been over. Therefore, we do not think that furlough could have been refused. In these circumstances, we allow this petition and direct the respondents to release the petitioner on furlough on production of 3 satisfactory surety and satisfying the other conditions which may be imposed by the respondents. The petition is disposed of. BILAL NAZKI, J. A.R. JOSHI, J.