1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.298 OF 2009 Shahid Khalil Ansari .. Petitioner V/s. The State of Maharashtra & Ors., .. Respondents. Ms. Alshd Z.Ansari, for Petitioner Mrs. P.H.Kantharia, APP for the State. CORAM: BILAL NAZKI and A.R. JOSHI, JJ. DATED: 3rd August, 2009. P.C. 1. The Petitioner has been in custody for the last 11 years and is serving imprisonment for life. He applied for furlough leave which was rejected. It is stated that the Petitioner was in active participation with two Pakistanis and stand was taken that two Pakistanis were suffering trial and it was likely that the accused may indulge in action which may hamper the trial. Learned Counsel for the Petitioner submits that one of the person has already been acquitted and has been deported, another person is serving sentence after the conviction. The srj/- 2 application for furlough rejected on this ground. It was decided that the Petitioner should not be granted leave. 2. Petitioner is in custody for the last 11 years and there was no material before the Respondent, that he has connection with any other terrorists group, therefore, the apprehension of the Respondent that he may again indulge in anti social activities is misconceived at this stage. Seeking furlough is a matter of right. Under the relevant rules, it can be denied, only if conditions mentioned in Rule 4 (4) of the Prisons (Bombay Furlough and Parole) are not complied with. We don t think that any of the conditions mentioned in Rule 4 (4) of the said Rules in the present case is violated. Therefore, the furlough should have been granted to the Petitioner. 3. we direct that the furlough be granted to the Petitioner on usual terms and conditions for a period of 2 weeks and we impose further conditions that the Petitioner shall report everyday at 10.00 a.m. and 7.00 p.m. to the Police Station at Bandra, within whose jurisdiction the Petitioner shall stay during the period of furlough. srj/- 3 4. This Petition is accordingly, disposed off. (BILAL NAZKI, J.) (A.R.JOSHI,J.) srj/-