1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.487 OF 2009 (Anil Vithoba Neel vs. State and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : SEPTEMBER 29, 2009 Heard Ms. Dubey, learned Counsel for the petitioner, and Shri Jichkar, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 13/10/2008 passed by the competent Authority whereby request of the petitioner for grant of furlough came to be rejected on the ground that when the petitioner was released on parole vide order dated 30.4.2007, he did not surrender on due date and surrendered late by 51 days and, therefore, in view of provisions of Rule 4(10) of the Prison (Bombay Furlough and Parole) Rules, 1959, the 2 application of the petitioner came to be rejected by the impugned order. It is brought to the notice of this Court that in view of provisions of Rule 9 of the Rules of 1959, the petitioner is entitled to file a fresh application on expiry of six months from the date of rejection of application, i.e. 13.10.2008. Since period of six months has expired, the petitioner is entitled to file a fresh application for furlough. In the circumstances, we dispose of the petition with the observations that petitioner is at liberty to take appropriate steps, if he so desires in view of Rule 9 of the Rules of 1959. JUDGE JUDGE khj