1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 356 OF 2009 Vijay Vasant Kedare ... Petitioner Versus The State of Maharashtra & Ors. ...Respondents. Mr. N.N. Gavankar i/by Mr. Arfan Sait for the Petitioner Mr. P.S. Hingorani, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: FEBRUARY 20, 2009 P.C.:- The petitioner moved an application for grant of furlough, which was rejected by an order dated 19th January, 2009, primarily because of an adverse police report. The police reports 10 cases as pending against the petitioner under various offences; but the petitioner contends that all these 10 cases have been decided much before the police report, and he had been acquitted in all the cases. This position is not contested by the learned Additional Public Prosecutor who, on instructions, submits that he has confirmed that the accused had been acquitted in all these 10 cases before the police gave the report. 2 2. There is another reason given for rejecting the application of the petitioner, the reason being that there may be danger to the lives of the persons who have deposed against the petitioner in the case in which he is undergoing sentence; but in the same breath, the Assistant Commissioner of Police has submitted that he did not know in which case the prisoner had been sentenced. 3. For these reasons, we find that there has been no reason to reject the application for furlough. However, it is stated that the prisoner belongs to a gang, and, therefore, there may be chances of creating some law and order problem. 4. We quash the impugned Order dated 19th January, 2009, and direct the respondents to release the petitioner on furlough. We further direct that while imposing the usual conditions on the petitioner, he may also be directed to appear before the concerned police station every day at an appropriate time. The petition is disposed of. BILAL NAZKI, J. A.R. JOSHI, J.