1 wp-446-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 446 OF 2011 Shri Santosh Manohar Deshmukh ...Petitioner. Versus The State of Maharashtra and ors ...Respondents Ms Gulestan Dubhash i/by Mr Ganesh Gole, for the Petitioner. Mr K.V.Saste, A.P.P.for the State. CORAM:­ A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:­ 22nd February, 2011. P.C. 1. This petition takes exception to the order passed by Respondent No.3 in December, 2010, rejecting the petitioner’s application for releasing him on furlough leave. That order is amenable to appeal. 2. In the circumstances, we dispose of the writ petition by directing the Additional Director General of Prisons to treat the present writ petition as appeal filed by the petitioner against the decision of Respondent No.3 and decide the said appeal on its own merits in accordance with law. We are making it clear that the Appellate 2 wp-446-11 Authority will not non­suit the petitioner on the ground that appeal has become time barred as the petitioner was pursuing remedy before this Court. In other words, appeal shall be decided on its own merits in accordance with law. That be done, as expeditiously as possible, within four weeks from today. Petition is disposed of accordingly. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)