1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No.755 of 2010 Anand Kedareshwar Bhawsar Petitioner Vs. The State of Maharashtra Respondent Mr.Arfan Sait. Advocate appointed for petitioner. Mrs.M.M.Deshmukh, APP for State. CORAM: B. H. MARLAPALLE & ANOOP V. MOHTA, JJ. June 17, 2010. P.C. 1. We have heard Mr.Sait, the learned appointed Advocate. Mrs.Deshmukh, the learned APP appears for the State. 2. The petitioner is aggrieved by the order dated 31st December 2009 rejecting his application for furlough leave under Rule 4(4) of the Prisons (Mumbai Furlough and Parole) Rules, 1959. The said application is rejected on account of the adverse police report submitted by the Assistant 2 Police Commissioner (Crimes), Police Commissionerate, Nashik. 3. The petitioner came to be convicted for the offence punishable under Section 302 of IPC, as per the order dated 5th May 2006. However, he was an under-trial prisoner as he was arrested on 24/9/2004, and he is presently undergoing the sentence. He has been in prison for the last more than five years. It was submitted by Mr.Sait, the learned counsel for the petitioner that despite his eligibility for furlough leave, every application submitted by the petitioner for the same has been rejected solely on the ground of adverse police reports. 4. Mrs.Deshmukh, the learned APP states that this petition does not survive as of now as the petitioner has been granted parole leave from 13/5/2010, and though he was to surrender on 13/6/2010, he has submitted an application for extension and the same is still pending with the Divisional Commissioner, Nashik. There is no dispute that after the petitioner surrenders, he will be able to submit a fresh application for furlough leave, provided such an application is submitted after the expiry of six months from the date of surrender. Mr.Sait has the apprehension that even in future such an application could be rejected on the very same 3 ground of adverse police report. He has also pointed out that there has been no adverse report against the petitioner from 13/5/2010 while he is on parole leave to attend to his mother’s sickness and, therefore, the ground of adverse police report is not realistic. 5. We direct that the pending application of the petitioner for extension of parole leave be decided as expeditiously as possible and in any case within one week from today. If the said application is rejected, the petitioner shall surrender forthwith to the Nashik Road Central Prison at Nashik. In case he applies for furlough leave as and when he is eligible, the same shall be considered by the Sanctioning Authority on its own merits and having regard to the antecedents of the petitioner while he was released on parole leave and without taking into consideration the rejection orders passed in the past. Petition disposed off with the above directions. 6. All concerned to act on authenticated copy of this order. A copy of this order be forwarded to the concerned jail. (ANOOP V. MOHTA, J.) (B. H. MARLAPALLE, J.)