1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 408 OF 2009 Chotu Ratan Punekar .vs. State of Mah. & another ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : AUGUST 11, 2009. Heard Mr. N.S. Bhat, the learned Counsel for the petitioner and Mr. Fulzele, learned Additional Public Prosecutor for the respondents. The Writ Petition is directed against the order dated 16.5.2009 passed by the Competent Authority, whereby the application of the petitioner for grant of furlough leave came to be rejected in view of Rule 4(10) of the Prison (Bombay Furlough & Parole) Rules, 1959 since the petitioner reported late in 2008 by 43 days after completion of parole leave. It is also brought to the notice of this Court that when the petitioner was released on parole/furlough leave on earlier occasions in the years 2000, 2002 & 2007, the petitioner did not surrender on due date and on some occasions was required to be arrested by the police in order to bring him back to the prison. Be that as it may, in view of Rule 9 of the Rules, the petitioner would be eligible to make an application after expiry of six months from the date of rejection on the ground of late surrender, in such situation, the authorities will have to consider the application on its own merits. However, since the petitioner on the last occasion when released on parole in the 2 year 2008 did not surrender on due date, therefore, the action of the respondents is consistent with Rule 4(10) of the Rules. Consequently, no case is made out for indulgence. The Writ Petition is dismissed. JUDGE JUDGE. J.