hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1891 OF 2010 Balkrishna @ Pintya Raghunath Waghe ... Petitioner Versus The State of Maharashtra ... Respondent Mr. Ajay Fernandes i/by Mr. Shyam Mehta, advocate appointed for Petitioner. Ms. S.V. Gajare, A.P.P. for State. CORAM : A.M. KHANWILKAR & U.D. SALVI, JJ. DATED : SEPTEMBER 24, 2010 P.C. Heard counsel for the petitioner and learned A.P.P. This petition is received through jail. The Petitioner has assailed the order passed by the appropriate authority for declining his request to release him on furlough leave. Essentially two grounds have weighed with the appropriate authority, the first ground is that there was adverse report against the convict. Second ground is that the surety offered by the Petitioner does not possess any immovable property and does not qualify precondition of solvent surety. In so far as first ground is concerned, the fact that the witnesses in the criminal case in which the Petitioner has been eventually convicted has expressed apprehension about the danger to them if the convict is released by itself cannot be the basis for rejection of furlough leave application. The authority has to record its subjective satisfaction that such apprehension is valid and genuine. Besides, it is open to the appropriate authority to impose other reasonable conditions so that the convict would be entitled to enjoy furlough leave facility. It is open to the appropriate authority to consider of requiring the petitioner to furnish more than one solvent surety or that the Petitioner should not enter the area where the witness ordinarily resides. These are the matters which can be reckoned for considering the request for release on furlough leave. In so far as the second ground is concerned, we have no difficulty in accepting the argument of the learned A.P.P. that the Petitioner should be in a position to offer solvent surety. The requirement of solvent surety has already been spelt out in Criminal manual. If the Petitioner offers such solvent surety, the appropriate authority may consider petitioner’s request to release on furlough leave. Accordingly, we dispose of this petition with a direction to the appropriate authority to reconsider petitioner’s request for release on furlough leave in accordance with the law and take a final decision as may be advised as expeditiously as possible preferably within eight weeks from the receipt of communication of this order. Petition disposed of. Court expresses word of gratitude for the able assistance given by the Advocate for the Petitioner as amicus curiae. Copy of this order be forwarded to the Petitioner who is in jail. (U.D. SALVI,J.) (A.M. KHANWILKAR,J.)