- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P.NO.2759 OF 2005 Babu Appa Gurav ..Petitioner Vs. The State of Maharashtra ..Respondent .... Ms.Sarojini Upadhyay Advocate (appointed) for Petitioner Mrs.A.S.Pai, A.P.P. for State .... CORAM: D.G.DESHPANDE AND CORAM: D.G.DESHPANDE AND CORAM: D.G.DESHPANDE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : APRIL 10,2006 DATE : APRIL 10,2006 DATE : APRIL 10,2006 ORDER ORDER : (PER SMT. V.K.TAHILRAMANI,J): ORDER ORDER : (PER SMT. V.K.TAHILRAMANI,J): ORDER ORDER : (PER SMT. V.K.TAHILRAMANI,J): 1. Heard learned advocate for the petitioner and learned A.P.P. for the State. Rule. By consent, rule is heard forthwith. 2. The petitioner had preferred application for furlough. The said application for furlough came to be rejected on the ground that the surety furnished by the petitioner was not his relative. As per the Rules, the surety of the person who is being released on furlough, should be his relative and as the surety being furnished by the petitioner - 2 - was not relative of the petitioner, application for furlough came to be rejected. Looking to the facts and circumstances, we are of the opinion that if a suitable surety is furnished by the petitioner, the petitioner can be released on furlough. 3. On the petitioner furnishing suitable surety, the petitioner be released on furlough in accordance with the usual terms and conditions. In addition thereto, the petitioner shall inform the address at which he will reside during the period that he is on furlough. He will report to the nearest police station to that address on every alternate day during the period that he is on furlough. 4. If the petitioner is not able to furnish suitable surety, liberty is granted to the petitioner to prefer fresh petition before this Court. 5. Rule made absolute in the above terms. Petition is disposed of. [D.G.DESHPANDE, J.] - 3 - [SMT.V.K.TAHILRAMANI,J.]