1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO.517 OF 2009 Uttam Gajaba Ingale, Age 50 years, Occ. Agri., R/o Ghaygaon, Tq. Vaijapur, District Aurangabad. ... PETITIONER VERSUS The Superintendent, Central Prison, Aurangabad (through State) ... RESPONDENT ..... Shri C.V. Dharurkar, Advocate for the petitioner (appointed) Shri S.D. Kaldate, A.P.P. for the respondent/State ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 23RD JULY, 2009. ORAL ORDER : 1. Heard learned counsel for the petitioner and learned A.P.P. for the respondent/State. 2. The petitioner was directed to be released on furlough by order 2 dated 9.7.2007 on his furnishing P.R. bond of Rs.10,000/- and on furnishing surety of a relative. The petitioner could not satisfy this condition. The co- accused Harichandra Gajba Ingale, in identical circumstances, was directed to be released on furlough by this Court in Criminal Writ Petition No. 461/2008, dated 20.8.2008. Shri Kaldate, learned A.P.P. on instructions submits that, after release on furlough, he surrendered to the jail authorities within time. 3. As regards petitioner, learned A.P.P. submitted that there is no adverse report so far as regards his antecedents and conduct. 4. In view of the provisions of Chapter XXXVII Rule 3(2) Note 5 of the Prisons (Bombay Furlough and Parole) Rules, 1959, the order of furlough is operative for four months. The present order placed before us was passed before two years. Therefore, it would be appropriate if the applicant/ petitioner files a fresh application for furlough. Learned counsel Shri Dharurkar submits that an amount of Rs.10,000/- is lying in the Account of the petitioner with the jail authorities. The petitioner is unmarried. Therefore, his fresh application be considered by passing order of releasing him on furlough by accepting the cash security of Rs.10,000/- without insistence of furnishing a surety of a relative again. 5. We find substance in the contentions of Shri Dharurkar. We have perused the earlier order passed in Criminal Writ Petition No.461/2008 (Harichandra Gajaba Ingale Vs. Superintendent, central Prison, Aurangabad 3 (through State), dated 20.8.2008. 6. The petitioner may file an application for releasing him on furlough at the earliest and in case the jail authorities receive furlough application from the petitioner, we direct the D.I.G., Prisons, Aurangabad or any other competent officer entrusted with the powers, to pass orders of releasing the petitioner on furlough leave, by accepting cash security of Rs. 10,000/- in case the amount of Rs.10,000/- is lying in the Account of the petitioner with the jail authorities. The competent authority, in the peculiar facts of this case, shall not insist for further surety of the relative of the petitioner. The petitioner undertakes to abide by the conditions put up by the jail authorities while the order of furlough leave would be passed. With these directions, petition stands disposed of. In case the petitioner is released on furlough leave and fails to surrender within time framed, the cash security furnished by the petitioner would be forfeited. 7. The Legal Services authority to pay professional fees of the counsel. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) fmp/cwp517.09