1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2443 OF 2008 Nasim Ashraf Shaikh Ali Barmare. ... Petitioner. Versus The State of Maharashtra & Ors.. ... .... Respondents. Mrs. A. Z. Ansari for the Petitioner. Ms. U. V. Kejriwal, APP for the Respondent – State. CORAM : BILAL NAZKI and ANOOP V. MOHTA, JJ. DATED : 3RD FEBRUARY, 2009. P. C.: The prisoner has been arrested on 8th April, 1993. He has been finally convicted in Bombay Blast Special Case No. 1 of 1993 on 17th July, 2007 by the designated Court under TADA and is sentenced to suffer R.I. for life. He applied for furlough leave which has been rejected on the ground that the police has objected to the release of the prisoner. 2. Counter affidavit is also filed, in which it is stated, “the Police report was called for. Vide adverse police report dated 12.12.2007, it was objected to release the petitioner on furlough leave, as he was deeply involved in Bombay Bomb Blast Cases”. We have seen the rules regulating the grant of furlough. Under Rule 4(4), the Police Commissioner can 2 oppose the grant of furlough on the ground of public peace and tranquillity. This is not sufficient to decline furlough to the petitioner that the petitioner was involved deeply in a particular case in which he was convicted. His conviction itself shows his involvement in the crime and in fact furlough is available only to those who are convicted. 3. For these reasons, we do not think the order of the respondents rejecting application of the petitioner for furlough can be upheld. The writ petition is, accordingly, allowed. The order of the respondents rejecting furlough to the petitioner is set aside. The respondents are directed to release the petitioner on furlough initially for a period of 14 (fourteen) days and may consider his extension further subject to the conduct of the prisoner during the release of 14 days. Besides imposing usual conditions of surety, etc. by the respondents, we direct that the prisoner shall report to the Mahim Police Station at 10.00 a.m. every day during the period of furlough. Sd/- (BILAL NAZKI, J.) Sd/- (ANOOP V. MOHTA, J.)