1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 672 OF 2008 Rajubhai Gambhir Baria. ..... Petitioner. Versus The State of Maharashtra & Ors. ..... Respondents. None for the Petitioner. Mrs. U. V. Kejriwal, Addl. P.P. for the State. CORAM: BILAL NAZKI and A. P. BHANGALE, JJ. DATED : 22ND APRIL, 2008. P. C.: This petition has been received from the petitioner, who is in jail, seeking furlough. The offence has been committed by the petitioner in the State of Gujarat, which was tried in Mumbai in pursuance of the orders of the Supreme Court, and the petitioner has been convicted for life. He belongs to Vadodara in the State of Gujarat. According to the counter affidavit, the respondents obtained report from the concerned Police Station of Vadodara and the District Magistrate, Panchmahal, Godhra. According to the report submitted by the District Magistrate, Panchmahal, Godhra, dated 26th June, 2007, there was a possibility of breach of public order, if, furlough was granted to the prisoner. The District Magistrate vide 2 his report dated 26th June, 2007 said, “As per the investigation report and statement recorded by the Jambughoda (Dist. Panchmahals) Police Station and submitted to you, there is possibility of breach of public order if the furlough leave is sanctioned by the authority. So, this office is not in opinion for sanctioning of Furlough leave to prisoner mentioned above.” 2. In this view of the matter, this Court may not be in a position to intervene in the matter. The writ petition is, accordingly, dismissed. 3. However, if the prisoner wants furlough leave and undertakes to stay outside the Panchmahal, Godhra District, he may make fresh application and the respondents may consider the same on its own merits. 4. Copy of this order be sent to the petitioner in jail. Sd/- (BILAL NAZKI, J.) Sd/- (A. P. BHANGALE, J.)