1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 549 OF 2009 Maroti Sadashiv Dongre .vs. State of Mah. & another _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : OCTOBER 16, 2009. Heard Mr. B.M. Waranashiwar, learned Counsel for the petitioner and Mr. S.J. Jichkar, learned A.P.P. for the respondents. The Writ Petition is directed against the order dated 8.7.2009 passed by the Competent Authority whereby the request of the petitioner for grant of furlough leave came to be rejected in view of Rule 4(4) & 4(10) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Considered the contentions canvassed by the respective Counsel and perused the impugned order passed. In the instant case, the police has submitted adverse police report on the ground that the petitioner on the earlier occasion when released on furlough leave went to village Rajura, consumed liquor and under the influence of liquor went to the house of the relatives of the deceased and extended threat to them. Similarly, he created problem of public peace and tranquility in the village. The petitioner 2 was released on furlough leave in the year 1997 & 2000. On both these occasions, he did not surrender before the Jail Authorities on due date. In 2000 the petitioner was required to be arrested and delay was of 337 days. In the backdrop of the above referred facts, it appears that the subsequent applications made by the petitioner came to be rejected by the Competent Authority on the basis of the adverse police reports and, therefore, the impugned order appears to be just and proper. However, if the petitioner is ready and willing to reside at a place which is at least 50 kms. away from village Rajura and undertakes not to enter revenue limits of village Rajura during the period of furlough leave, in that event, he is at liberty to make such an application to the Competent Authority and if such application is made, we direct the Competent Authority to consider the said application afresh on its own merits and in accordance with the law. With these observations and directions, the Criminal Writ Petition is disposed of. JUDGE JUDGE. J.