AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2963 OF 2009 Brayan Jeorge Lamba @ Rekha ... Petitioner Vs. The State of Maharashtra. ... Respondents Ms. S. Upadhyay for the petitioner. Ms. U.V. Kejariwal, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 6TH JANUARY, 2010. P.C.:- 1. The petitioner is at present lodged in the Nasik Road Central Prison. He has been convicted under Section 376 (1) of the Indian Penal Code (for short, “the IPC”) read with Section 109 thereof and under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956. The petitioner is in jail for more than two years. His application for furlough has been rejected by D.I.G. (Prison), Aurangabad. He has, therefore, approached this court. AJN 2 2. We have heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. 3. Affidavit in reply has been filed by Mr. Jagan Nath, Special Inspector General of Police (Jail), Central Region, Aurangabad, in which he has stated that the police had sent an adverse police report stating that if the petitioner is released on furlough, there is likelihood of his committing other offences. There is also threat to the lives of the witnesses. 4. We have perused the impugned order. The impugned order rests on the adverse police report. Apprehension expressed in the report can be taken care of by placing stringent conditions on the petitioner. Hence, we pass the following order: 5. The D.I.G. (Prison), Aurangabad is directed to release the petitioner – Brayan Jeorge Lamba @ Rekha on AJN 3 furlough in accordance with law provided he fulfills all the necessary requirements like execution of surety bonds, etc. If the petitioner is so released on furlough, he may be directed to attend the nearest police station every day while on furlough. Needless to say that on expiry of furlough period, the petitioner should surrender to the jail. 6. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]