USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1678 OF 2009 Subhash Achuit Suryawanshi .. Petitioner v/s. The State of Maharashtra .. Respondent ........ Smt. V.R. Bhosale, APP for respondent State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 10th November, 2009 P.C. : 1. This is a petition received from the Jail and the petitioner is undergoing sentence. He is entitled for furlough leave but when his application dated 04.06.2009 was considered, there was no one to stand surety for him. The petitioner prays for being released on furlough leave by executing personal bond. As per the Bombay (Furlough and Parole) Rules 1959, furlough leave cannot be granted without surety. It also provides for grant of furlough leave to a prisoner subject to his executing personal bond or giving cash security in form “C” appended to the rules. Hence, the affidavit in reply filed by Mr. Vasant Wankhede, Jailor Group-II, presently attached to the Nashik Road Central Prison states that the petitioner cannot be released on furlough leave on personal bond and unless he furnishes surety bond, his request cannot be granted. 2. In his application, the petitioner had stated that he has a son by name Deepak and the said son has remained present before us. We have talked to him. Deepak does not have any steady income and he is single. The petitioner’s daughter is already married and, therefore, he has no other family members staying at Muktainagar, Dist. Jalgaon except his son. The petitioner’s son is not capable of furnishing a cash surety and the family does not have any immovable property except a hut in village Patondi, Tal. Muktainagar, Dist. Jalgaon. The jail authorities suspect that on such release, he may abscond and it may be difficult to trace his whereabouts. 3. Hence, no case is made out to give directions to the Jail authority as prayed for. The Petition is rejected accordingly. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]