- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.166 OF 2010 (thr jail) Ramesh Hariram Madhwani .. Petitioner vs State of Maharashtra ... Respondent Ms.Ameeta Kuttikrishnan for Petitioner Mr.S.S.Pednekar A.P.P.for Respondent-State ... CORAM: SMT RANJANA DESAI SMT MRIDULA BHATKAR,JJ DATED: February 8, 2010 P.C. 1. We have heard learned counsel for the petitioner and learned A.P.P. The petitioner has preferred this application through jail. His furlough application has been rejected on the ground that two of his co-accused who were released on furlough are absconding and hence there is a possibility that the petitioner may also abscond. There is also adverse police report stating that there is danger to the complainant and the witnesses if the petitioner is released on furlough. 2. Merely because the co-accused have absconded, the petitioner cannot be denied benefit of furlough if he is - 2 - otherwise entitled to it. In the impugned order, it is stated that the petitioner surrendered to the prison late by 66 days in 2009 when he was released on furlough. Similarly, in the year 2009, he surrendered to the prison late by 3 days when he was released on furlough. For his late surrender by 66 days, the petitioner has given an explanation. According to the petitioner, his father was seriously ill. For the late surrender of 3 days in the year 2009, the petitioner has been given prison punishment. Obviously, even for 66 days late surrendering to the prison, he was given prison punishment. 3. In the circumstances, in our opinion, the petitioner will have to be released on furlough on usual terms and conditions with an additional condition that while on furlough he will report to Ulhasnagar police station on every alternate day. Needless, to say that this order is subject to the petitioner’s submitting appropriate acceptable surety to the prison authorities. Petition is disposed of. SMT RANJANA DESAI, J SMT MRIDULA BHATKAR, J - 3 -