IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL APPELLATE JURISDICTION WRIT PETITION No.991 OF 2008 Jagannath Raghunath Shelke Petitioner Vs. The State of Maharashtra & Ors. Respondent Mr. Aslam Shaikh, for the petitioner. Mr. A. S. Gadkari, APP for the respondents. CORAM : BILAL NAZKI, & A. A. KUMBHKONI, JJ. DATE : JULY 24, 2008. PC :- 1. Heard the learned counsel for the parties. The petitioner is undergoing life imprisonment. In the year 1997 he was released on parole. But he had overstayed by 595 days. He justified his overstay on the ground that somebody was ill in the family. Now, he has filed an application for grant of furlough leave, which has been rejected, on the ground of his overstay of 595 days, in the year 1997. But the petitioner points out that it was true that he overstayed 595 days in the year 1997 but lateron again he was granted parole, in the year 2007 for a period of 90 days and he had surrendered within time and as such, this conduct of petitioner in the year 2007 should not be taken into consideration. We feel that for - 2 - these reasons this application filed on 1-12-2007 should have been allowed. We therefore, allow this Writ Petition and set aside the order impugned in this petition and direct that the petitioner be released on furlough leave for a period of two weeks, with conditions that may be imposed by the jail authorities. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]