1 3279.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3279 OF 2011 Bapu Santosh Patil ...Petitioner Versus The State of Maharashtra ...Respondent ...... Mr.Abhishek Yende, amicus curiae. Mr.V.B.Konde-Deshmukh, A.P.P. for Respondent-State. ...... CORAM:- A.M.KHANWILKAR AND R.G.KETKAR, JJ. DATED:- DECEMBER 7, 2011. P.C. 1. This letter Petition takes exception to the decision of the Divisional Commissioner, Nashik Division, Nashik dated 7th September, 2011 rejecting the petitioner’s request for grant of furlough. Learned A.P.P., in all fairness, submits that the petitioner has remedy of Appeal before the State Government as per the statutory rules. 2. In the circumstances, we dispose of this Petition with direction to the Secretary, Home Department, Government of Maharashtra to treat this letter Petition as Appeal preferred by the petitioner against the impugned decision and decide the said Appeal on its own merits in accordance with law. Needless to observe that the Appellate Authority will not non-suit the 2 3279.11 petitioner on the ground that the Appeal is time barred, considering the fact that the petitioner is in jail and this letter Petition has been filed through jail. 3. Petition disposed of accordingly. 4. The Court expresses a word of gratitude for the able assistance rendered by the amicus curiae to espouse the cause of the petitioner. 5. Copy of this order be forwarded to the petitioner, who is in jail. (R.G.KETKAR, J.) (A.M.KHANWILKAR, J.)