1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 691 OF 2008 CRIMINAL WRIT PETITION NO. 691 OF 2008 CRIMINAL WRIT PETITION NO. 691 OF 2008 Sardarali Safdarali Khan ... Petitioner Versus The State of Maharashtra & ors. ... Respondnts Mrs.A.M.Z.Ansari, Advocate, for the petitioner. Mr.D.S.Mhaispurkar, APP, for the State. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE : 26th June, 2008. DATE : 26th June, 2008. DATE : 26th June, 2008. P.C. P.C. P.C. 1. We have heard Mrs. Ansari, the learned Counsel for the petitioner, who is undergoing sentence of life term on account of his conviction in the Sessions Case 2 No.373 of 1996 and Sessions Case No.13/1997. Criminal appeal No.1113/2003 filed by him against the said order for conviction and sentence is pending before this Court. In the meanwhile, he has been applying for furlough leave and his applications have been rejected by the D.I.G (Prison), the last such rejection is on 12.12.2007 and hence this petition for directions to release the petitioner on furlough leave of two weeks. 2. Shri Bhaidas Bhole, Jailor Group-I from the Nashik Road Central Prison, Nashik has filed affidavit in reply and has stated that the furlough leave application submitted by the petitioner was rejected on the ground that LAC No.457/96 under the Arms Act is still pending and there was adverse police report. It is pointed out that the Assistant Commissioner of Police, Mahim, vide his letter dated 4.7.2007 informed the Prison Authorities that the petitioner is connected with Daud Gang and there is threat to the life of main witnesses 3. The petitioner has filed a rejoinder and has pointed out that one co-accused by name Sayyed Omer Sayyed Abbas has been released on furlough leave and that too on two different occasions as per the orders passed by the DIG, Central Region, Aurangabad. On the 3 face of this statement made by the petitioner and the fact that the co-accused has been released on furlough leave is admitted, the petitioner is given benefit of furlough leave so as to spend time in the company of his aged parents at Mahim. We are also aware that some additional measures will have to be taken so as to ensure that furlough leave period is not misused and the petitioner does not cause any threat to the witnesses who deposed against him. We have noticed that right from 1.10.2003, the petitioner has been applying for furlough leave and on the intervention of this Court in Criminal Writ Petition No.1130 of 2006, he was permitted to visit his aged parents for two days by granting parole leave. It is also not denied that the petitioner has been continuously in jail since 29.8.1996 and has thus undergone about 12 years of imprisonment by now. His entitlement for furlough leave is not disputed. 4. Hence, we direct the respondents Nos. 2 to 4 to release the petitioner on furlough leave for a period of two weeks on compliance of all the formalities required under the Rules. We also direct the petitioner to report to the Mahim Police Station, during the period of furlough leave, on everyday between 11 a.m to 12 noon and if the petitioner fails on any single day, the Assistant Commissioner of Police, Mahim shall take 4 appropriate steps to take the petitioner in custody and hand over to the concerned jail authorities. 5. The petition is disposed off in view of the above directions. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.)