1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1057 OF 2009 Chandrakant Haribhau Kharat, R/o. Central Jail, Aurangabad. ....Petitioner. Versus The State of Maharashtra ....Respondents. Shri. Jivan Patil, Advocate (appointed) for petitioner. Shri. K.G. Patil, A.P.P. for respondents. CORAM : P.V. HARDAS AND R.K. DESHPANDE, JJ. DATE : 14th December, 2009 ORAL JUDGMENT : [PER P.V. HARDAS, J.] 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. A letter sent by the petitioner through Jail was registered as Criminal Writ Petition and when placed before this Court, this Court appointed Advocate Jivan Patil as a counsel to represent the petitioner in this petition under Article 226 of the Constitution of India. The petitioner prays that the respondent be directed to accept cash security in lieu of surety while ordering the release of petitioner on furlough. 3. The learned Additional Public Prosecutor, on instructions, states that the application of the petitioner is still pending consideration and no final order has been passed, granting the same and directing the 2 release of the petitioner on furlough. The learned A.P.P. further states that the petitioner was directed to disclose the name of the surety and when inquiry was conducted with the surety, she expressed her ignorance about the petitioner. The learned A.P.P. further states that the petitioner was then directed to disclose the name of another surety. The petitioner, meanwhile, had sent a letter to this Court which is registered as Criminal Writ Petition, praying therein that the respondent be directed to permit the petitioner to furnish the cash security instead of solvent surety. 4. Since the application of the petitioner is pending consideration with the respondents, we allow this petition to the limited extent, by directing the respondent to consider the request of the petitioner to release him on furlough on accepting cash security in lieu of surety. The aforesaid request of the petitioner be taken into consideration and be dealt with in accordance with law at the time of consideration of the application of the petitioner for his release on furlough. 4. Rule is, thus, made absolute on the above terms with no order as to costs. We quantify the fees payable to Advocate Shri.Jivan Patil at Rs. 2,000/-. [ R.K. DESHPANDE, J. ] [ P.V. HARDAS, J.] ssc/criwp1057.09