1 wp-3690-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3690 OF 2010 Suresh Janardan Mhatre ...Petitioner Versus The State of Maharashtra ...Respondent. ...... None for the Petitioner. Mr H. J. Dedhia, A.P.P. for State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 1st February, 2011. P.C. 1. This writ petition is filed through jail, in substance, questioning the order passed by the Appropriate Authority rejecting the application for furlough leave filed by the petitioner. That order is amenable to appeal. In the circumstances, we dispose of this petition with directions to the Appellate Authority to treat the present petition as appeal filed by the petitioner and decide the same on its own merits in accordance with law. We make it clear that the Appellate Authority shall not non-suit the petitioner on the ground that the appeal is barred by law of limitation 2 wp-3690-10 as the petitioner was pursuing remedy before this Court. In other words, appeal will have to be decided on its own merit. The Appellate Authority shall dispose of the appeal as expeditiously as possible and in any case not later than six weeks from today. 2. Petition is disposed of on the above terms. 3. Copy of the order be forwarded to the petitioner who is in jail forthwith for information. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)