1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 550 OF 2009 Dnyaneshwar Laxman Waghe .vs. State of Mah. & others _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : OCTOBER 16, 2009. Heard Mr. V.H. Khaparde, learned Counsel for the petitioner and Mr. Fulzele, learned A.P.P. for the respondents. This Writ Petition is directed against the order dated 29.7.2009 passed by the Competent Authority whereby the application of the petitioner for grant of furlough leave came to be rejected in view of Rule 4(4) & 4(10) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Mr. V.H. Khaparde, learned Counsel for the petitioner, submitted that the petitioner was released on furlough in the year 2007 and surrendered on due dates before the Jail Authorities. Similarly, the petitioner was also released on furlough leave in the year 2009 and also surrendered on due dates before the Jail Authorities. On both these occasions while the petitioner was on furlough leave, no untoward incident had taken place. It is, therefore, prayed that the petitioner may be released on 2 furlough leave. Mr. Fulzele, learned A.P.P. for the respondents, does not dispute the above referred facts. However, he submitted that the adverse police report is based on the fact of late surrender by the petitioner in the year 2002. Considered the rival contentions. In the backdrop of the above referred facts, it appears that the petitioner when released on two earlier occasions on furlough leave in the year 2007 and 2009 appeared to have surrendered on due date and there is no complaint about his conduct while he was on furlough leave. In the circumstances, case is made out for grant of furlough leave. Hence, the respondents are directed to release the petitioner on furlough leave for a period of two weeks by following due procedure applicable in this regard. The petitioner shall visit Police Station Borakhedi once a week between 8.30 A.M. and 11.30 A.M and shall surrender before the Jail Authorities on due date. With the above directions, the Criminal Writ Petition is disposed of accordingly. JUDGE JUDGE. J.