IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1475 OF 2009 Raju @ Ahmad Ismail Sayyad .. Petitioner V/s The State of Maharashtra & Anr. .. Respondents Smt.S.A.Dhamale for the petitioner. Ms.P.H.Kantharia, APP for the State. CORAM : SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 16TH JULY, 2009. P.C.: . The petitioner is a life convict. He is lodged in Nashik Road Central Prison. His application for furlough has been rejected by the DIG Prisons, Central Region, Aurangabad on the ground that on the earlier occasion when the petitioner was released on parole he surrendered late to the prison by 542 days after the expiry of his parole period. Besides there is also an adverse police report. 2. We have heard Ms.Dhamale, learned counsel for the petitioner. She submitted that the petitioner is in jail from 2003 and he has not been released on furlough because of his late surrender. Learned counsel for the petitioner also submitted that for his late surrender the petitioner’s remission has been forfeited according to the rules. Learned counsel submitted that when the petitioner was on parole, he could not surrender to jail in time because his parents were unwell and his sister was to get married. In the circumstances, the learned counsel for the petitioner has submitted that a kind view may be taken and the petitioner may be released on furlough. 3. We have also heard learned APP. Learned APP on instructions from Senior Jailor Mr.H.B.Kunte, Nashik Central Prison, states that the petitioner’s conduct in jail is good. It is a fact that since 2003 the petitioner has not been released on furlough. By forfeiting his remission as per the rules for delayed surrender, the petitioner has been sufficiently punished. It appears that the petitioner could not surrender in time because his parents were ill and his sister was to get married. In the circumstances, in our opinion, the petitioner should be released on furlough. 4. Hence we set aside the impugned order dated 10.2.2009 passed by the DIG, Central Region, Aurangabad and we direct that the petitioner Raju @ Ahmad Ismail Sayyad be released on furlough on usual terms and conditions. After expiry of furlough the petitioner shall surrender to jail. 5. Petition is disposed of. 6. The prison authorities to act on the authenticated copy of this order. ( SMT.RANJANA DESAI, J.) (R.G.KETKAR, J.)