1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 595 OF 2010 Jagan s/o Shankarrao Chavan ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. Mahendra Kochar advocate for the petitioner (appointed) Mr. N.R. Shaikh, A.P.P. for respondents ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED: 3RD AUGUST, 2010 PER COURT:- 1 We heard learned counsel appearing for the parties. 2 Rule. Rule made returnable forthwith. By consent of the parties, heard finally. 3 In response to the notice, reply affidavit has been filed on behalf of the respondents. The petitioner prisoner had applied on 4.1.2010 seeking grant of furlough leave on the ground of incurable illness of his 2 wife. The said application has been rejected by the respondents. Copy of the order (page 11 is on record. It appears that the respondents authority on receipt of application from the petitioner, had called for report of the concerned Police Officer. The Police Officer, has submitted his report alongwith the statements of witnesses. After considering the report of the Police Officer concerned, the authority has rejected the application by order dated 22.4.2010. Thus, the said order is assailed before this court by the prisoner petitioner. 4 After hearing the learned counsel for the parties, in our view, this petition can be disposed of by dismissing the same, however, with liberty in favour of the present petitioner to apply afresh in accordance with Rules for grant of furlough leave. On receipt of such application, the authorities concerned shall consider the application in accordance with provisions of law. 5 Writ petition stands dismissed and disposed of with liberty in favour of the petitioner to apply afresh in accordance with the provisions of law. We make it clear that the respondents shall consider the application and decide the same according to Rules. 6 Rule made absolute in the above terms. 3 7 We quantify an amount of Rs.2000/- (Rupees Two thousand only) to be paid to advocate Mr. Mahendra Kochar, forthwith towards his legal fees and expenses for conducting this matter. 8 Registrar (Judicial) shall communicate this order to the Prisoner, who is in prison, free of costs, within one week from today. ( S. S. SHINDE. J.) (S.B. DESHMUKH, J.) rlj/