1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 396 OF 2009 (Chandu Ramkrishna Wardhe .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 12TH AUGUST, 2009. Heard Mrs. Kirti Nipankar, the learned Counsel for the petitioner and Shri S.J. Jichkar, the learned APP for the respondent/State. The present writ petition is directed against the order dated 20.05.2009 passed by the competent authority whereby application of the petitioner for grant of furlough came to be rejected in view of the provisions of Rule 4(4)(10) of The Prison (Bombay Furlough and Parole) Rules, 1959. It is brought to the notice of this Court that the petitioner, who was released on furlough in the year 2003, did not surrender on due date and was required to be arrested by the police in order to bring him back to the jail. The petitioner was absconding for the period of five years. It is, therefore, contended that if the petitioner is released on furlough, there is possibility of the petitioner absconding again and it will be difficult to 2 apprehend him. It is also brought to the notice of this Court that the witnesses those who have deposed against the petitioner during the course of the trial, have expressed apprehension that if the petitioner is released on furlough then there is danger to their lives. On the backdrop of the above referred facts, particularly the conduct of the petitioner, who was absconding for five years, is a serious matter and, therefore, coupled with the other factors considered by the competent authority for rejecting the application of the petitioner, in our view, no case is made out for showing indulgence. The writ petition is dismissed accordingly. JUDGE JUDGE *rrg.