1 crwp1949-10 agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1949 OF 2010 Sunil Mohan Kadam ..Petitioner. Versus The State of Maharashtra ..Respondent. None for the petitioner. Mr.D.P. Adsule, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 7th September 2010. P.C. : 1. This petition filed through jail challenges the condition imposed by the appropriate authority for releasing the petitioner on furlough leave. In that, the authority has imposed condition that the petitioner should furnish two sureties in the sum of Rs.10,000/- each; one amongst them should be his relative. Insofar as the requirement of furnishing surety of relative, who is willing to receive the petitioner, that is necessary in view of Rule 6 of the Rules of 1959. As per that rule, there is no requirement of furnishing additional surety. Besides it is not the case of the department that the petitioner is a dreaded criminal or that he is likely to jump other conditions of furlough leave. 2 crwp1949-10 2. In the fact situation of the present case, we see no reason as to why such additional surety is insisted upon by the appropriate authority. To that extent, the order dated 1st June 2010 passed by the DIG (Prisons), Central Division, Aurangabad cannot be sustained. The other conditions specified in the said order will have to be observed by the petitioner. 3. The petition succeeds in the above terms. 4. Copy of this order be fowarded to the petitioner, who is in jail, forthwith. The appropriate authority shall act on the authenticated copy of this order. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)