1 12 wp.2959.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2959 OF 2010 Raju Rama Naik. ... Petitioner Vs. The State of Maharashtra. ... Respondent ----- None for the Petitioner. Mr. K.V.Saste, APP for the Respondent/ State. ----- CORAM : A.M. KHANWILKAR and P.D. KODE, JJ. DATE : 19 th October, 2010. P.C. 1 This petition is received through jail challenging the order dated 09 th August, 2010 passed by the appropriate authority on the furlough leave application filed by the Petitioner. 2 The principal reason stated in the order is that the Police Superintendent, Anantpur in his report has indicated that if the Petitioner is released, there is danger to his life and it is possible that law and order problem will be created. The learned APP submits that the Petitioner’s father has offered himself as surety during the furlough leave period to be enjoyed by the Petitioner. However, the report makes no reference to the fact as to whether the surety was capable of controlling the adverse situation that may occur while the Petitioner is on furlough leave as his 2 12 wp.2959.10 father was to receive him in the locality of Andhra Pradesh. 3 The authorities may process the matter and seek clarification in that behalf from the concerned police superintendent and on receipt of that information, take appropriate decision as may be advised. If the Police Superintendent, Anantpur were to opine that the father of the Petitioner may not be sufficient surety, the Petitioner may have to offer some other surety. Besides, it will be open to the appropriate authority to impose such conditions as may be advised including that the Petitioner, if released on furlough leave, shall not enter particular area to avoid any untoward situation. Those are matters which can be considered on its own merits in accordance with law. We express no opinion in that behalf. 4 Petition disposed of on the above terms with direction to the appropriate authority to take necessary steps as expeditiously as possible and in any case within eight weeks from today. [ P.D. KODE, J ] [ A.M. KHANWILKAR, J ]