1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 701 OF 2011 Dilip Prabhu Khinde, Convict No.4143, Open Jail, Paithan, Dist. Aurangabad. Petitioner versus The State of Maharashtra and ors. Respondent ----- Shri N.R. Shaikh, A.P.P. for the Respondents. ----- Coram: A. H. Joshi & A. R. Joshi, JJ. Date : 24th August 2011. Oral Judgment : ( Per: A.H. Joshi, J.) 01. Rule. Rule is made returnable forthwith and is taken up for hearing forthwith. 02. This is a letter petition. 03. The petitioner is serving the sentence for life, in open jail at Paithan. 4. He had prayed for furlough leave on account of sickness of his wife. His request for furlough has been rejected. The jail authorities have furnished the report. 2 5. The reasons for rejection mentioned in the report read as follows; (i) The petitioner was punished by way of forfeiture of leave in all for 134 days. (ii) His absence or late reporting was on four occasions from the year 2004 to 2009, ranging between 1 to 13 days. (iii) The Superintendent of Police sent adverse report, expressing apprehension that in the event of release, there is danger to the safety of the prisoner himself. 6. It is not in dispute that on four occasions in the past, the petitioner was released on furlough and he reported back late by 1 to 13 days, as referred to in the report. 7. Considering the facts of the matter, we are satisfied that the ground of sickness of wife of the petitioner constitute a good ground to grant him furlough. Late reporting on previous occasions has been duly explained by him. Moreover, considering the duration for which he had reported late, it does not seem to be matter of habitual or deliberate act of failure on his part. These instances, which are peculiar in nature, do not disentitle him for being considered for furlough in perpetuity. 3 8. We, therefore, set aside the order passed by the D.I.G. (Prison), Aurangabad on 2/9-6-2011, and direct that the petitioner be released on furlough for 15 days on usual conditions which the D.I.G. (Prison), Aurangabad, may indicate, within ten days from the date of receipt of this order. 9. Learned A.P.P. to communicate this order to the concerned authorities. 10. Steno copy allowed. 11. Petition is allowed and disposed of. 12. Rule made absolute, accordingly. (A. R. JOSHI, J.) (A.H. JOSHI, J.) pnd/criwp-701.11