1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.2093 OF 2005 CRIMINAL WRIT PETITION NO.2093 OF 2005 CRIMINAL WRIT PETITION NO.2093 OF 2005 Rafiq Babu Shaikh ...Petitioner Rafiq Babu Shaikh ...Petitioner Rafiq Babu Shaikh ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- Mr.K.V.Saste, A.P.P. for the State. Mr.K.V.Saste, A.P.P. for the State. Mr.K.V.Saste, A.P.P. for the State. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 DATED: 1ST MARCH, 2006 P.C. P.C. P.C. 1. We have noted that the application submitted 1. We have noted that the application submitted 1. We have noted that the application submitted by the petitioner on 28th May 2004 for furlough leave by the petitioner on 28th May 2004 for furlough leave by the petitioner on 28th May 2004 for furlough leave has been considered and rejected by the DIG, Prisons has been considered and rejected by the DIG, Prisons has been considered and rejected by the DIG, Prisons Western Region vide his order dated 31st December 2004. Western Region vide his order dated 31st December 2004. Western Region vide his order dated 31st December 2004. 2. If the Petitioner submits fresh application 2. If the Petitioner submits fresh application 2. If the Petitioner submits fresh application for furlough or parole leave, the same shall be for furlough or parole leave, the same shall be for furlough or parole leave, the same shall be considered on its own merits and as per the concerned considered on its own merits and as per the concerned considered on its own merits and as per the concerned rules and without being influenced by the adverse rules and without being influenced by the adverse rules and without being influenced by the adverse report submitted earlier by the Umbraj Police Station report submitted earlier by the Umbraj Police Station report submitted earlier by the Umbraj Police Station in Satara District. in Satara District. in Satara District. 3. The Petition is disposed of in terms of the 3. The Petition is disposed of in terms of the 3. The Petition is disposed of in terms of the above directions. above directions. above directions. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)