spb/- 1 wp573-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 573 OF 2011 Tabrej Rahim Telgi ... Petitioner . V/s. State of Maharashtra . ... Respondent. --- Through Jail: Mr. S.V. Marwadi for the Petitioner. Mr. Y.S.Shinde, APP for the Respondent -State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 06th APRIL, 2011. P.C. 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 A communication sent by the petitioner through Jail has been registered as criminal writ petition no. 573/2011 and this court appointed Advocate Shri S.V. Marwadi, as learned counsel to represent the petitioner in this petition. 3 It appears that the grievance of the petitioner in the communication sent by him through Jail is twofold. Firstly, the petitioner prays that the respondent, while directing his release on furlough, should not insist for a local surety and the second grievance is that in the event spb/- 2 wp573-11.sxw the respondent still insists for the local surety, the petitioner may be transferred to Central Prison at Banglore. 4 Learned APP points out to us that the petitioner has not submitted any application as yet, seeking his release on furlough and in the event the petitioner submits an application the same would be decided by the authorities in accordance with law and particularly, in the light of the direction issued by the Division Bench of this Court in Criminal Writ Petition No. 1493 of 2010 dated 25th August, 2010. The learned APP further states, on instructions, that in the event the petitioner submits an application seeking its transfer to the Central Prison at Banglore, the same would be considered and decided by the authorities in accordance with law within a period of four weeks from its receipt. We accept the aforesaid statement as an undertaking to the court. 5 In that light of the matter, therefore, we allow this petition by making the Rule absolute in the above terms and grant liberty to the petitioner to submit an application, if so advised, seeking his release on furlough as well as submit an application, if advised, seeking his transfer to the Central Prison at Bangalore. We accept the statements of the learned APP that the respondent would decide both the applications within four weeks from its receipts. 6 We wish to place our appreciation for the efforts undertaken by Shri Marwadi, learned counsel appointed on behalf of the petitioner in arguing this writ petition. [M.N.GILANI,J.] [P.V. HARDAS, J.]