1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 417 OF 2009 Anil Premdas More .vs. State of Mah. & others _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : AUGUST 11, 2009. Heard Ms. Rane, learned Counsel for the petitioner and Mr. Fulzele, learned A.P.P. for respondents. The Writ Petition is directed against the order dated 25.5.2009 passed by the Competent Authority whereby the application of the petitioner for grant of furlough leave came to be rejected on the ground that the release of the petitioner is likely to endanger the life of the wife of the deceased, who was examined as an eye-witness by the prosecution during the course of trial. Similarly, the surety, i.e. the father-in-law of the petitioner is incapable of taking care of the petitioner during the period of furlough leave and, therefore, the Competent Authority rejected the prayer of the petitioner for grant of furlough leave in view of Rule 4(4) of the Prison (Bombay Furlough & Parole) Rules, 1959. Ms. Rane, learned Counsel for the petitioner, 2 states that the complainant as well as other witnesses all are residing at village Kushta, Tq. Achalpur, district Amravati and the petitioner if released on furlough leave shall reside at village Kathipura, Tq. Anjangaon Surji, district Amravati and shall not enter revenue limits of village Kushta during his furlough leave and is ready to abide by the conditions, if any, imposed by this Court. Mr. Fulzele, learned A.P.P. for respondents, has submitted that the release of the petitioner is not only harmful to the complainant and the witnesses but there is a possibility of breach of peace and tranquility and, therefore, the Competent Authority is justified in rejecting the application of the petitioner in view of Rule 4(4) of the Prison (Bombay Furlough & Parole) Rules, 1959. Considered the rival contentions canvassed by the respective parties. In the instant case, if the petitioner resides at village Kathipura, in that event the interest of the State as well as the complainant and other witnesses will be taken care. In the circumstances, we dispose of the Criminal Writ Petition and direct the release of the petitioner on furlough leave after following due procedure applicable in this regard for a period of two weeks from the date of his release. The petitioner shall reside at village Kathipura, Tq. Anjangaon Surji, district Amravati during the period of furlough leave and shall visit Police Station Anjangaon Surji every alternate date from the date of his release till the date of his surrender. The petitioner shall not enter revenue limits of village Kushta. The petitioner is also 3 directed to surrender before the jail authorities on due date, failing which the Superintendent of Jail is directed to apprehend the petitioner with the help of police and bring him back to prison. JUDGE JUDGE. J.