:< 1 >: :< 1 >: :< 1 >: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIM. WRIT PETITION NO. 1987 OF 2008. CRIM. WRIT PETITION NO. 1987 OF 2008. CRIM. WRIT PETITION NO. 1987 OF 2008. Wilson Benjamin Castelino. ..Petitioner. V E R S U S The State of Maharashtra & Ors. ..Respondents. --- Ms. Farhana Shah, Advocate appointed for the petitioner. Mr. F. R. Shaikh, APP for the respondent - State. CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & R.V.MORE, JJ. R.V.MORE, JJ. R.V.MORE, JJ. DATE : November 12, 2008. DATE : November 12, 2008. DATE : November 12, 2008. P.C. P.C. P.C. 1. Petitioner’s application for furlough has been rejected by the DIG (Prison), Western Region on 10.6.2008 on a ground that the petitioner has been convicted u/s 393 of IPC and as per the rules if the conviction is under either of the sections from 392 to 402, the furlough leave should not be granted. 2. The petitioner has been convicted u/s 393, 450 and 302 on 17.4.2003. However, the petitioner is in jail since 11.6.1997. Thus, the total conviction period the petitioner has undergone, as on today, is more than 11 years. In 11 years the petitioner has not been granted furlough leave in view of the said provision. However we notice that the conviction for an offence u/s 393 is for 5 years and for the offence u/s 302, the conviction is for life, and all the convictions are to run concurrently. :< 2 >: :< 2 >: :< 2 >: Therefore, we find that the conviction for 5 years u/s 393 has been suffered by the petitioner. 3. The similar aspect has been considered by this Court in the matter of Gorakh @ Baba Patole v/s. Gorakh @ Baba Patole v/s. Gorakh @ Baba Patole v/s. Government of Maharashtra (1993 Mh.L.J. 1423). Government of Maharashtra (1993 Mh.L.J. 1423). Government of Maharashtra (1993 Mh.L.J. 1423). In the said matter this Court has held that both the offences have independent character and furlough cannot be denied after he has undergone sentence for the period for which he was sentenced under section 397 of IPC. The respondent has failed to look into this well settled precedent of this Court and has mechanically rejected the furlough application. Since the petitioner was not released on furlough for 11 years, relying upon the above referred judgment, we are inclined to release him on furlough. 4. Petitioner be released on furlough for 15 days on accepting the surety of Rs.2,000/-. However, all other usual terms and conditions shall apply to the petitioner when he is on furlough. 5. The fees of the appointed Advocate is quantified at Rs.1,000/- (Rs. One Thousand only). Office is directed to make payment of the fees to the appointed advocate. 6. Petition stands disposed of. :< 3 >: :< 3 >: :< 3 >: (R.V.MORE, J.) (S.B.MHASE, J.) (R.V.MORE, J.) (S.B.MHASE, J.) (R.V.MORE, J.) (S.B.MHASE, J.)