-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRI.W.P. NO.2298 OF 2007 Prakash Vitthal Kharat ..Petitioner Vs. State Department of Prisons Mantralaya, Mumbai and Ors. ..Respondents ... Ms.Seema Gupta Advocate appointed for Petitioner Mrs.A.S.Pai APP for State ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 14, 2008 DATE : FEBRUARY 14, 2008 DATE : FEBRUARY 14, 2008 P.C. P.C. P.C. 1. Heard both sides. 2. This is a petition for furlough on the ground that he is discriminated against other similarly situated prisoners. We find that on five occasions when furlough or parole was granted to the petitioner, the petitioner had overstayed. On two occasions, he was required to be brought under arrest by the authorities. In the year 2004 and 2005 when the petitioner was released, he had overstayed. In 2005, he was arrested and brought -2- back. Therefore, it appears that the petitioner is habituated to overstay once he comes out of the jail. Therefore, petition deserves to be rejected. 3. Ms.Seema Gupta the learned advocate is appointed to appear on behalf of the petitioner. We quantify her legal fees at Rs.1000/-. 4. Petition is rejected. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]