vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1165 OF 2006 CRIMINAL APPLICATION NO.1165 OF 2006 CRIMINAL APPLICATION NO.1165 OF 2006 IN CRIMINAL APPEAL NO.1034 OF 2005 Mohd.Akram Munawar Shaikh ... Appellant V/s. The State of Maharashtra ... Respondent Mr.M.S. Mohite for Appellant Dr.F.R. Shaikh, APP, for Respondent CORAM: D.G. DESHPANDE & D.G. DESHPANDE & D.G. DESHPANDE & SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, JJ. JJ. JJ. DATED: APRIL 20, 2007 APRIL 20, 2007 APRIL 20, 2007 P.C. P.C. P.C.: . Heard Mr.Mohite for the accused and the learned A.P.P. An issue is raised by the accused through jail that because set-off is not granted to him by the trial Court, his application for furlough leave is not being considered. The applicant - accused is in custody since 21.2.2002. The judgment of conviction came to be delivered on 30.9.2005 and since set-off is not given, the application for furlough and parole is not being considered by the jail authorities from 30.9.2005. Mr.Mohite relied on the judgment of the Supreme Court in the case of Bhagirath v/s. Delhi Administration, (1985) (1985) (1985) 2 SCC 580 2 SCC 580 2 SCC 580 in support of his submission. 2. However, later on, he conceded that the authorities be directed to consider the application of : 2 : the applicant for furlough independent of the issue on its own merits in accordance with the provisions of law. Therefore, we direct the authorities to consider the application of the applicant for furlough within 3 weeks from today, without fail and communicate their decision to the applicant directly through jail. The application shall be decided on its own merits according to the provisions of law. 3. The issue, however, is kept open in this appeal. (D.G. DESHPANDE, J.) (SMT.NISHITA MHATRE, J.)