1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.141/2008 Ravi alias Ravindra s/o Gundhar Gajbhiye, (Prisoner No. C/6827, presently confined in Central Prison, Nagpur. .. Petitioner .. Versus .. 1. The State of Maharashtra, through The Superintendent of Police (Rural), Nagpur. 2. The Deputy Inspector General of Prisons, Eastern Region, Nagpur. 3. The Superintendent, Central Prison, Nagpur. .. Respondents .......... Mr. V.H. Khaparde, Advocate for the petitioner, Mr. O.D. Kakde, APP for the respondents. .......... Coram : K.J. Rohee & A.B. Chaudhari, JJ Dated : 16 th April, 2008 ORAL JUDGMENT : (PER : K. J. ROHEE, J) 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2 2. By this petition, the petitioner seeks furlough leave for two weeks. 3. The petitioner was prosecuted for an offence that took place in 1994. It seems that during trial he was released on bail in 1995. He continued to be on bail till he was convicted by judgment dated 2.8.2005. Thereafter, for the first time, he applied for furlough leave. The said application came to be rejected by respondent no.2 by order dated 31.1.2008 on the ground that the mother of the petitioner is very old and that she is unable to keep control on the petitioner. In case of his release, there is likelihood of quarrel in the village. The said order is based on the report dated 24.12.2007 submitted by the Superintendent of Police (Rural). However, respondent no.2 has not considered the fact that for about 10 years, when the petitioner was on bail and there was no complaint whatsoever against him and that he has not misused the liberty. In view of this, respondent no.2 was not justified in rejecting the application of the petitioner for furlough. Thus the impugned order will have to be quashed. We, therefore, pass the following order : 4. The petition is allowed. The impugned order dated 31.1.2008 passed by respondent no.2 is hereby quashed and set 3 aside. Respondent no.2 is directed to release the petitioner on furlough for a period of two weeks on his furnishing securities to the satisfaction of the jail authorities. 5. Rule is made absolute in above terms. JUDGE JUDGE ....................