drp {1} Cri.W.P.No.441/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.441 OF 2011 Ambarsing Jayalamsingh Jarhade PETITIONER Age-Major, Occ-Nil R/o Lalwadi, Post-Golatgaon, Tq & Dist-Aurangabad VERSUS 1. The State of Maharashtra RESPONDENTS 2. Deputy Inspector General of Prison, Aurangabad 3. District Superintendent of Police (Rural) Aurangabad ....... Mr.R.D.Sanap, Advocate for petitioner (Appointed) Mr. S.D.Kaldate, APP for respondent State ....... [CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.] DATE : 6 th July 2011 ORAL JUDGMENT (PER P.V.HARDAS, J.): 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. drp {2} Cri.W.P.No.441/2011 2. A communication sent by the petitioner through jail has been registered as Criminal Writ Petition. We had accordingly appointed advocate Mr.R.D.Sanap, learned counsel to represent the petitioner in this petition. 3. Limited grievance of the petitioner is that he had applied for his release on Furlough on 15.04.2011 and despite the passage of more than 3 months, the application has remained pending. In the light of the limited nature of challenge, we deem it appropriate to decide this petition finally at this stage. 4. Learned APP states that the respondents have called for a fresh police report from Karmad police station, through Superintendent of Police, Aurangabad and the aforesaid report has not been received by the respondents and, therefore, the respondents are unable to decide the application of the petitioner. The aforesaid argument, according to us, cannot be countenanced at all. Respondents ought to decide application of the prisoners seeking their release either on Parole or on Furlough, as expeditiously as possible and within the time framework provided by the Government in its circulars issued from time to time. We are informed that the recent circular mandates that such applications be decided within 45 days. In the present case, the aforesaid time limit has been well exceeded by the respondents. We accordingly allow this petition and direct the Superintendent of Police, Aurangabad, to obtain report from Karmad Police Station within 15 drp {3} Cri.W.P.No.441/2011 days from today and forward the same to the respondents. Respondents are further directed to decide the application of the petitioner, on merits, in accordance with law, within 15 days of the receipt of the report and communicate the decision thereon to the petitioner. 5. Learned APP undertakes to communicate this order to the Superintendent of Police, Aurangabad as well as to the respondents. 6. Rule is thus made absolute on the above terms with no order as to costs. Fees, payable to learned counsel appointed on behalf of the petitioner, quantified at Rs.1,500/-. Copy of this order, duly authenticated, be provided to learned APP to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/B11/cwp439-11