1 crwp168-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.168 OF 2010 Saidilkumar @ Swami Kuppuswami Harijan @ Nardar ..Petitioner. Versus The State of Maharashtra ..Respondent. Mr.P.V. Dhopatkar, Advocate appointed for the petitioner. Mr.D.P. Adsule, APP for the State. CORAM : A.M. Khanwilkar, & U.D. Salvi, JJ. DATE : 30th August 2010. P.C. : 1. By this petition under Article 226 of the Constitution of India filed through jail, the petitioner prays for direction against the respondents to release him on furlough. The learned APP has invited our attention to the adverse report against the petitioner. It refers to the recording of statements of the witnesses in the case, who have expressed apprehension that if the petitioner is released on furlough, he may indulge in same offense during such furlough period. In our opinion, this apprehension can be taken care of by imposing strict conditions on the petitioner not to enter the area of Deonar Police Station, where offense was committed, as also the area of Mankhurd 2 crwp168-10 Police Station, where the witnesses are residing as also Lallubhai Compound is situated, where the petitioners mother is residing. If these conditions are acceptable to the petitioner, the authorities may consider the request of the petitioner for furlough. The authorities can impose such other conditions as may deem appropriate. On complying with such terms and conditions, the petitioner can avail furlough. 2. The writ petition is disposed of in the above terms. 3. The Court expresses word of gratitude for the able assistance given by Mr.P.V. Dhopatkar, Advocate appointed for espousing the cause of the petitioner. Copy of this order be forwarded to the petitioner, who is in jail forthwith. (U.D. Salvi, J.) (A.M. Khanwilkar, J.)