1 10 wp.2513.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2513 OF 2010 Raju Balkrishna Bhise. ... Petitioner Vs. The State of Maharashtra and ors. ... Respondents ----- None for the Petitioner. Ms. S.V.Gajare, APP for the State. ----- CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 02 nd September, 2010. P.C. 1 This petition is through jail. This is yet another petition where same plea has been taken. After being released on furlough leave immediately thereafter, the Petitioner applied for extension of time on the ground that his wife was sick. This appears to be the consistent pattern followed by the prisoners, knowing that the application for extension of time will have to be processed as per rules and final decision thereon cannot be taken within 14 days of furlough leave period. Taking advantage of that the convict overstays the furlough leave and reports after the expiry of leave period. We have already rejected such plea in earlier case decided yesterday being Criminal Writ Petition No. 2508 of 2 10 wp.2513.10 2010. We find that similar petitions have been received through jail asking for same relief of return of security deposit. Whereas, the security deposit has been forfeited in conformity with the provisions in the Rule, on account of overstay by the prisoner. The fact that in this case, the Petitioner has overstayed only by fourteen days will make no difference as the consequence of forfeiture of security deposit is provided by the Rule. So long as the said Rule prevails, the authority is obliged to comply with the said condition. Therefore, the question of return of security deposit cannot be acceded. The Petitioner’s application for extension of furlough leave was rejected on 08 th June, 2010 which order is not subject matter of challenge before us. In the circumstances, this petition is rejected. 2 Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the Petitioner. 3 Copy of this order be forwarded to the Petitioner who is in jail, forthwith. [ U.D. SALVI, J ] [ A.M. KHANWILKAR, J ]