188wp388.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.388 of 2009 (Kishor Arjunsing Chauhan vs. DIG (Prison)(East) Nagpur and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & Prasanna B. Varale, JJ. Date : 17/08/2009. Heard Mr. N. A. Badar, Adv. for petitioner and Mr.A.G.Mujumdar, Additional Public Prosecutor for respondents. This petition is directed against the order dt.16.2.2009 passed by the competent Authority whereby the application of petitioner for grant of furlough leave came to be rejected. Considered the contentions canvassed by the respective counsel. Perused the impugned order. It is brought to the notice of this Court that police have conducted enquiry and submitted adverse police report in view of the following reasons : 1. The surety furnished by petitioner i.e. Saraswatibai (mother) is old and incapable of controlling activities of petitioner. 2. Petitioner does not have movable or immovable property. 188wp388.09.odt 2 . 3. Last time when the petitioner was released on furlough leave, he did not surrender on the due date and absconded for 890 days and was required to be arrested with the help of police in order to bring him to the prison. In the backdrop of the above referred circumstances, the impugned order, in our view, is sustainable in law. No case is made out for showing indulgence. Hence, the petition is dismissed. JUDGE JUDGE jais