1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.717 OF 2008 (Santosh Devidas Shukla vs. State and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : DECEMBER 16, 2008 We appoint Shri Bhat, learned Counsel to represent the petitioner. Heard Shri Bhat, learned Counsel for the petitioner, and Shri Yangal, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 4.8.2008 passed by the competent Authority whereby application of the petitioner for grant of furlough leave came to be rejected on the ground that petitioner is in the habit of not surrendering before the Jail Authorities on due date when on many earlier occasions he was released on furlough/parole leave. The competent Authority rejected the request of the petitioner in view of provisions of Rule 4(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959. 2 We have considered the contentions canvassed by the respective Counsel for the parties and also perused the affidavit filed by the respondents. The affidavit shows that earlier on many occasions when petitioner was released on parole/furlough leave, he failed to surrender on due date and, therefore, conduct of the petitioner in the opinion of the respondents is not satisfactory enough to warrant grant of furlough. In the circumstances, no case is made out for showing indulgence. The criminal writ petition is dismissed. JUDGE JUDGE khj