1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 136/2010 Ram Ambu Wagh Petitioner Vs. The State of Maharashtra Respondent Mr.Abhyakumar Apte, appointed for petitioner Mr.Dedhia,APP CORAM : SMT.RANJANA DESAI, & SMT.MRIDULA BHATKAR,JJ. DATE : 4th FEBRUARY, 2010 . P.C. . The petitioner is a life convict. He is lodged in Nasik Road prison . His application for furlough leave has been rejected by the jail authorities . Hence he has filed this petition through jail. 2] The application for furlough leave is rejected on the ground that in 2007 when the petitioner was released on furlough he returned to the jail four days after the furlough period got over and in 2008 when he was released on furlough he returned to the jail 47 days after furlough period got over. It is also stated that if the petitioner is released on furlough he is likely to abscond. Additionally it is stated that the 2 petitioner is likely to cause harm to the complainant and witnesses. 3] Learned A.P.P. on instructions from Mr. G. A. Mankar , Grade-II, Nasik Road Prison states that the petitioner’s behaviour in the prison is satisfactory . Undoubtedly the petitioner overstayed on two occasions but for that punishment has been imposed on him. He has given explanation for 47 days late coming to the effect that during that period his house had collapsed. In the circumstances if the petitioner offers proper surety we direct the prison authorities to reconsider his case independently and release him on furlough on imposing usual terms and conditions and only if he offers acceptable surety. This order be communicated to the petitioner in jail. Petition is disposed of. (SMT.RANJANA DESAI,J.) (SMT.MRIDULA BHATKAR,J.) 3