1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.152/2009 Sk. Syed Sk. Najeer, Convict NO.C-3133, Central Prison, Amravati Petitioner. Versus 1] The State of Mah. Through the D.I.G. Prisons (E)(R) Nagpur. 2. The Superintendent, Central Prison, Amravati. Respondents ,... Mr. R.R. Shrivastava, Advocate (appointed under Legal Aid Scheme) for the petitioner. Mrs. A.R. Taiwade, APP for the respondents. ..... Coram : A.P. Lavande & Prasanna B. Varale, JJ. Dated :11th June, 2009. ORAL JUDGMENT (Per A.P. Lavande, J.) 1. Heard Mr. Shrivastava, learned counsel for the petitioner and Mrs. Taiwade, learned APP for the respondents. 2. Rule. By consent heard forthwith. 3. By this petition, the petitioner challenges order dated 2 23.7.2008 passed by respondent no.1 rejecting furlough leave to the petitioner, who is undergoing sentence of imprisonment at Amravati Central Jail for having committed offence punishable under Section302 of the Indian Penal Code. 4. Reply filed on behalf of the respondents discloses that on earlier five occasions the petitioner was released on furlough leave and on three occasions he did not surrender in time and he had to be arrested and taken back to the prison. 5. In view of this position, we are not inclined to grant any relief to the petitioner in exercise of extraordinary jurisdiction under Article 226 of the Constitution of Indian. In our opinion, no case is made out for interference with the impugned order passed by respondent no.1 6. For the reasons aforesaid, Rule is discharged. 7. Fees payable to Advocate R.R. Shrivastava, who is appointed under Legal Aid Scheme are quantified at Rs. 1000/- (Rs. One thousand only). JUDGE JUDGE