1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1083 OF 2009 Sameer Botukrishna Das. ... Petitioner. Versus The State of Maharashtra. .... Respondent. None present for the Petitioner. Mrs. P. H. Kantharia, APP for the State. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 20TH JULY, 2009. P.C.: The petitioner is the resident of West Bengal. He is serving life sentence in Nasik Central Prison. He has been in custody for more than three years and has not been released during this period either on bail or parole or furlough. He applied for furlough leave. The same was allowed with a condition that she should give a surety of Rs.20,000/- from the West Bengal and another surety of Rs.20,000/- from the State of Maharashtra. The petitioner has given a surety from West Bengal but has not been able to arrange a surety from the State of Maharashtra. 2. Learned Public Prosecutor submits that if released on furlough then 2 after reaching the West Bengal, the petitioner would abscond and after getting furlough it is difficult for the police to keep eye on the movement of the petitioner. The respondents have already reduced the amount of surety from Rs.20,000/- to Rs.5,000/-. One of the conditions in the order is that he will report the Police Station at Village Khanabali, Post Chanditala, District Hubli, West Bengal on every day during his period of furlough. 3. Even if we direct that he should appear every day before the Police Station at West Bengal, but what is the guarantee that the petitioner will go to the West Bengal at all after his release and it is not possible for the police or the Jail Authority to accompany him from Maharashtra to West Bengal. 4. Therefore, we allow the writ petition subject to modification that the petitioner be released on furnishing one remaining surety in the amount of Rs.5,000/- from West Bengal but the petitioner shall remain only in the State of Maharashtra. Before being released, the petitioner shall give his address of stay in Maharashtra during the furlough period and the Jail Authority will direct him to report every day to the concerned Police Station depending on his residential address in the State of Maharashtra. 3 5. In the meantime, the State of Maharashtra shall take up the matter with the Government of West Bengal and shall see the possibility of transferring the petitioner to the Jail in West Bengal for serving the remaining sentence. 6. With the above observation, the writ petition is disposed of. 7. This order shall be communicated to the petitioner by the Jail Authority. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)