1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1752 OF 2008 DIST.: MUMBAI Usman Ibrahim Khan ...Petitioner Versus The State of Maharashtra & Ors. ... Respondents. Mr. Arfan Sait for the Petitioner Mr. A.S. Gadkari, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.A. KUMBHAKONI, JJ. DATE: SEPTEMBER 15, 2008 P.C.:- The petitioner is suffering life imprisonment, and he is in custody since 25th July, 2003. He moved an application for grant of leave on furlough, which has been rejected mainly on the ground that he belongs to a particular gang, and if he comes out, there would be threats to the lives of the witnesses who deposed against him. Another ground for rejection of the application is that he may go out of the country. 2 2. On instructions, the learned Additional Public Prosecutor accepts the assertion of the learned counsel for the petitioner that during the trial, the petitioner was on bail for 6 years, and at no stage he misused the bail or tried to influence the witnesses. After the trial and conviction, there would be no point in trying to influence the witnesses, keeping in view the conduct of the petitioner during 6 long years when he was on bail during trial. 3. We feel that this is a case in which concession should have been granted. Therefore, we set aside the order dated 7th April, 2008 passed by respondent No.3, and direct that the petitioner be released on furlough leave, subject to usual conditions. The respondents may impose certain additional conditions to ensure that he remains within the sight of the police during the period of furlough. 4. The petition is accordingly allowed. BILAL NAZKI, J. A.A. KUMBHAKONI, J.