1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3031 OF 2009 Irfan Samiulla Shaikh .. petitioner Vs. The State of Maharashtra .. Respondent Mr. Shekhar S. Bhise, for the petitioner Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison Mr. P. A. Pol, PP with Mr. R. More for the respondent-State CORAM:-SMT. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED :- 18 th January, 2010 P.C. 1. This petition is preferred from the Nashik Road Central Prision. Petitioner is a life convict. He is aggrieved by the fact that his furlough application is rejected by the prison authorities. The petitioner is in jail since 2005. He has never been released on furlough. An affidavit is filed by Mr. Jagan Nath, Special Inspector General of Police (Jail), Central Region, Aurangabad. In the affidavit it is stated that the police have submitted adverse police report opposing grant of furlough, stating inter alia that there will be threat to the law and order if the the petitioner is released on furlough and that there is likelihood that he may 2 abscond. In the impugned order it is reiterated that the petitioner is likely to abscond. It is further stated that the surety offered by the petitioner is temporary surety. 2. We have heard learned counsel appearing for the petitioner. He has submitted that the petitioner has not been given furlough even once. He submitted that in the circumstance, the petitioner may be released on furlough after imposing stringent conditions on him, if he offers acceptable surety. 3. Learned AGP, on instructions from Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison, states that at present the petitioner is lodged in Nashik Road Central Prison and his behavour in Nashik Road Central Prison is good. We are therefore of the opinion that since the petitioner has not been released on furlough even once, he should be released on furlough after imposing stringent conditions. Hence the following order. i. The Prison authority- Inspector General Of Police (Jail), Aurangabad is directed to release the petitioner on furlough, if he offers an acceptable surety and after he fulfills usual conditions. 3 ii. While releasing the petitioner on furlough, stringent conditions may be imposed on him. iii. Needless to say that after the furlough period is over, the petitioner must surrender to the Jail. iv. The Writ Petition is disposed of in the aforesaid terms. v. Copy of this order may be communicated to the petitioner in Jail. (MRIDULA BHATKAR, J.) (SMT.RANJANA DESAI, J.) jpc/