1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 328 OF 2009 (Jagannath Rajaram Ghuge .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 18TH AUGUST, 2009. Heard Shri Amol Mardikar, the learned Counsel for the appellant and Shri A.G. Mujumdar, the learned APP for the respondent/State. The present writ petition is directed against the order dated 23.03.2009 passed by the competent authority whereby the application of the petitioner for grant of furlough leave came to be rejected. Considered the contentions canvassed by the respective Counsel. The following facts are not in dispute. The petitioner was released on furlough leave in the year 1999. However, the petitioner failed to surrender before the jail authorities on due date and surrendered 237 days late. Similarly in the year 2002, he surrendered late by 26 days and in the year 2004 he was required to be arrested with the help of police in order to bring him back to the jail and there was delay of 74 2 days. In the circumstances, there is no case made out for showing indulgence insofar as the impugned order is concerned. However, in view of the judgment in the case of Anil Laxman Jawade .v. State of Maharashtra and another (reported in 2007(4) Mh.L.J., 25), the petitioner is entitled to move appropriate application accordingly. In the circumstances, writ petition is disposed of as such. JUDGE JUDGE *rrg.