1 1895.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1895 OF 2010 Prakash Sakha Visave ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Shyam Mehta, Advocate appointed for Petitioner. Mr.J.P.Yagnik, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 20, 2010. P.C. 1. This Petition received through jail challenges the decision of the appropriate Authority in refusing furlough leave application made by the Petitioner. The sole basis on which the impugned decision is based is that some adverse police report was received from Police Superintendent, Nandurbar. The Respondent State was therefore called upon to disclose the material on the basis of which that opinion has been formed by the appropriate Authority. Inspite of opportunity, no affidavit has been filed. However, learned A.P.P. on instructions of the Officer who is present in Court along with the original record submits that the said opinion is formed 2 1895.10.sxw on the basis of the statement of the Police Patil, Navapur. The statement of Police Patil is a general one, which may indicate that there is tendency of the affected party to take revenge. This is only guess work of the Police Patil and does not refer to any specific incident or material which could throw light on the apprehension that if the Petitioner were to visit his locality to avail of furlough leave period, may have to face such consequence. Moreover, the report does not suggest that by visit of the Petitioner, there will be law and order problem as such. In our opinion, therefore, the appropriate Authority at best ought to have imposed strict conditions on the Petitioner for grant of furlough leave. The ground stated in the impugned decision for rejection of furlough leave cannot stand the test of judicial scrutiny. 2. In the circumstances, this Petition is disposed of with direction to the appropriate Authority to reconsider the application of the Petitioner for grant of furlough leave. It will be open to the appropriate Authority to impose strict conditions on the Petitioner to avail of the furlough leave period including that of daily attendance in the nearest Police Station in the locality to mark his attendance. 3 1895.10.sxw 3. Court expresses word of gratitude for the able assistance given by learned amicus curiae. 4. Copy of this order be forwarded to the Petitioner, who is in jail. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)