1 2964.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2964 OF 2010 Pirmohd. Kasam Shaikh & Anr. ...Petitioners Versus The State of Maharashtra ...Respondent ...... Ms.Bhagyashree Jakhade, Advocate appointed for Petitioners. Mrs.M.H.Mhatre, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- FEBRUARY 11, 2011. P.C. 1. Learned amicus curiae has brought to our notice that the petitioners are presently at Paithan Jail, District Aurangabad. According to her, the petitioners would be free to pursue their remedy before the Bench at Aurangabad. However, as the petitioners were convicted by Sessions Court at Pune, the question of relegating the petitioners before the Aurangabad Bench does not arise. 2. We are in agreement with the submission of the learned A.P.P. that the Petition can be disposed of as petitioner No.2 was already granted furlough leave and the furlough leave application of petitioner No.1 has been rejected. 2 2964.10 3. Insofar as petitioner No.1 is concerned, he will be free to pursue remedy of appeal against the decision of the Appropriate Authority. We have no manner of doubt that the Appellate Authority will entertain the said appeal on its own merits in accordance with law and not non-suit the petitioner No.1 on the ground of limitation as he was pursuing remedy before this Court. All questions in the said Appeal are left open. 4. Petition is accordingly disposed of on the above terms. 5. Copy of the order be forwarded to petitioner No.1, who is in jail, forthwith for information. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)