1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 532 OF 2009 Birsing Kamal Joshi .vs. State of Mah. & others _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : OCTOBER 16, 2009. Heard Mr. V.H. Khaparde, learned Counsel for the petitioner and Mr. Fulzele, learned A.P.P. for the respondents. This Writ Petition is directed against the order dated 31.7.2009 passed by the Competent Authority whereby the application of the petitioner for grant of furlough leave came to be rejected in view of Rule 4(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Mr. V.H. Khaparde, learned Counsel for the petitioner, states that the apprehension expressed by the Competent Authority is unfounded since the petitioner is availing the furlough leave after conviction for the first time. It is submitted that the petitioner is ready and willing to abide by the conditions if any imposed by this Court if released on furlough. Similarly, the petitioner is ready to furnish another surety, i.e. his brother-in-law, namely, Nirmal Deshlahare. Mr. Fulzele, learned A.P.P. for the respondents, has 2 submitted that since the mother of the petitioner was incapable of controlling the activity of the petitioner, therefore, the police has submitted adverse police report that she is not a valid surety and the release of the petitioner could have adversely affected the public peace and tranquility. Therefore, the Competent Authority has rejected the application of the petitioner. Considered the rival contentions. In the backdrop of the above referred facts, particularly that the petitioner is availing the facility of furlough for the first time, it appears that the apprehension expressed by the Competent Authority at this stage is premature. However, the interest of the State will be protected if the conditions are imposed on the petitioner. Similarly, since the petitioner is ready and willing to furnish fresh valid surety, that part of the situation is also taken care of. In the circumstances, the respondents are directed to release the petitioner on furlough leave for a period of two weeks from the date of his release by following due procedure applicable in this regard. The petitioner shall visit Lalbagh Police Station twice a week between 8.30 A.M. and 11.30 A.M and shall report before the Jail Authorities on due date, failing which the jail authorities with the help of police shall apprehend the petitioner and bring him back to the prison. With the above directions, the Criminal Writ Petition is disposed of accordingly. JUDGE JUDGE. J.