AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.132 OF 2010 Arif Sherbahadur Khan ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. B.M. Jethani for the petitioner. Mr. R. More, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 5TH FEBRUARY, 2010. P.C.:- 1. The petitioner is a life convict. He is lodged in Nashik Road Central Prison. His furlough application is rejected. Therefore, he has filed this petition. 2. We have heard learned counsel appearing for the petitioner, who submitted that the petitioner has no antecedents and his furlough application is rejected on AJN 2 flimsy grounds. Learned A.P.P. on instructions from Mr. H.B. Kunte, Jailer-I, Office of the Superintendent, Central Jail, Nashik Road and Mr. D.M. Mhoske, Naib Tahsildar, Office of the Divisional Commissioner, Nashik Division, Nashik, states that there is one case pending against the petitioner, inter alia, under Section 323 read with Section 34 of the Indian Penal Code and in another case, the petitioner has been acquitted. He submitted that the police have sent adverse report against the petitioner that if the petitioner is released on furlough leave, there is likelihood of breach of peace and he is likely to threaten the prosecution witnesses, panch witnesses and the complainant. 3. The petitioner is in jail for about 5 years, 9 months. The contention that the petitioner has no antecedents is incorrect. There is one case pending against the petitioner. Therefore, the prison authority will have to take care while releasing the petitioner on furlough. 4. In the circumstances, if the petitioner offers, apart AJN 3 from his sister, an independent respectable person as surety, the prison authority may reconsider his case. If the prison authority decides to release the petitioner on furlough leave, then apart from the usual conditions, stringent other conditions may also be imposed on him. The prison authority may, if it decides to release the petitioner on furlough leave, direct him to stay in some other locality. We however make it clear that the petitioner's case may be reconsidered independently. The petition is disposed of. 5. This order may be communicated to the petitioner in jail. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]