1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1984 OF 2008 CRIMINAL WRIT PETITION NO.1984 OF 2008 CRIMINAL WRIT PETITION NO.1984 OF 2008 Dinkar Taru Salve .. Petitioner V/s. The State of Maharashtra .. Respondent Mr.Amit Sale for the Petitioner. Mrs.A.S.Pai, A.P.P.-State. CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND CORAM : S.B.MHASE AND A.A.SAYED, JJ. A.A.SAYED, JJ. A.A.SAYED, JJ. DATE : 19TH NOVEMBER, 2008. DATE : 19TH NOVEMBER, 2008. DATE : 19TH NOVEMBER, 2008. P.C. P.C. P.C. . This Petition challenges the order dated 18/21st July, 2008 passed by the D.I.G.Prison, Aurangabad, refusing Furlough leave. The reasons stated for refusing the furlough leave is that on earlier occasion he was released on parole but he surrendered late and the Petitioner is in habit of drinking liquor, and that there is a possibility of breach of peace, if he is released on furlough leave. 2. The Petitioner was earlier released on furlough leave six times. Every time he had surrendered. Only 2 on one occasion when the furlough leave was granted, he surrendered late. However, every time there is a cut in remission. In the report anywhere it is not explained as to when there was breach of peace. This apprehension therefore is misplaced. 3. Basically furlough leave is right of family members of convict to have association of convict. Therefore, we are inclined to grant furlough leave for 15 days on condition that the Petitioner shall furnish his personal bond and surety of Rs.10,000/- and he shall undertake that while on furlough he will not consume the liquor. Therefore we pass the following order. :: O R D E R :: :: O R D E R :: :: O R D E R :: i. The Petitioner shall be released on usual terms on furlough for period of 15 days. While on furlough he shall attend the Nashik Road Police Station during the period of furlough every Friday between 9.30 a.m. to 10.00 a.m. ii. The Petition is disposed of. Fees quantified at Rs.1,000/- as costs of the counsel to be paid by the State. 3 (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.) (A.A.SAYED, J.) (S.B.MHASE, J.)