1 wp1493.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1493 OF 2010 Santosh Kumar Roy. ....Petitioner Vs. The State of Maharashtra. ....Respondent. Mrs. I.M.Koparkar for petitioner. Mr. D.P.Adsule, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ DATED:- AUGUST 25, 2010 P.C. 1. Heard Counsel for the Petitioner as well as learned APP. By this Petition, petitioner prays for direction against Respondent to release the Petitioner upon furnishing surety from the State of Bihar. In addition, the Petitioner prays that the Petitioner be allowed avail of furlough facility for three weeks. 2. In so far as first prayer is concerned, in view of the State Government Notification dated 16th December, 2008, the Petitioner upon complying conditions specified in Clause (5) there of would be entitled to avail of the 2 wp1493.10 facility of furlough. The Petitioner assures to comply with the stipulations contained in Clause (5) of the said notification before Superintendent of Central Prison, where the Petitioner has been lodged. 3. The second relief is founded on the provisions contained in the Prison(Bombay Furlough and Parole) Rules 1959. Note 4 below Rule 3 provides that the period of two weeks may be initially extended by three weeks in the case of prisoners desiring to spend the furlough outside the State of Bombay. Even this aspect can be considered by the Authority while imposing conditions for grant of furlough to the Petitioner. The appropriate Authority may pass order, as may be advised on the basis of material available with it justifying extension of initial two weeks' furlough period to three weeks. All question in that behalf are left open. 4. Petition disposed of on the above terms. (U.D.SALVI, J) (A.M.KHANWILKAR, J)