1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 326 OF 2009 Balu @ Jay Dashrath Gawali ...Petitioner Versus The State of Maharashtra ... Respondents. Through jail Mrs. P.H. Kantharia, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: MARCH 5, 2009 P.C.:- The petitioner applied for furlough, which has been rejected on the ground that on two earlier occasions, when he was released on furlough / parole, he overstayed. He had overstayed by 9 days when he was released on 16th April, 2007, and he had overstayed by 24 days when he was released on 17th October, 2007. On both occasions, he had surrendered himself. In fact, after the previous release, he was granted another leave within three months. The respondents should have considered the case of the petitioner sympathetically when he had applied for furlough almost after one year after his earlier release. 2. In this view of the matter, we direct the respondents to 2 consider the application of the petitioner afresh, and pass appropriate orders in two weeks. 3. Petition is disposed of. BILAL NAZKI, J. A.R. JOSHI, J.