- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2965 OF 2009 (Through jail) Sanjay Jaiwant Kamble ... Petitioner vs The State of Maharashtra ... Respondent Ms.Sonia Miskin (Advocate appointed) for Petitioner Mr.H.J.Dedhia A.P.P.for Respondent-State ... CORAM: SMT RANJANA DESAI SMT MRIDULA BHATKAR,JJ DATED: 15th February 2010 P.C. 1. The petitioner is lodged in Paithan Open Jail. He is in jail for last 11 years. He was released on furlough leave on 3rd April, 2001. He was required to surrender to prison on 18th April, 2001. He surrendered to the prison on 25th April, 2001 late by 7 days. The prison authorities have therefore, forfeited the surety amount of Rs.5000/. In this application, the petitioner has prayed that the said forfeiture be set aside. 2. We have heard learned counsel for the petitioner and learned A.P.P. 3. In this petition, the petitioner has stated that he could not surrender to the prison on time because, he - 2 - was admitted in hospital at Alibag. He has also stated that he had made an application for extention of his furlough period. However, the learned A.P.P. has not been able to tell us whether indeed such an application was made. 4. The fact that since the petitioner is lodged in open prison indicates that his conduct in prison is good. He is in jail for 11 years. He has given acceptable explanation for his late surrender to prison. For his late surrender, prison punishment has been imposed on him. 5. In the peculiar facts and circumstances of the case, therefore we set aside the order of forfeiture of surety amount. We direct that the said amount be refunded to the petitioner. Petition is disposed of accordingly. The petitioner be communicated this order in jail. SMT RANJANA DESAI, J SMT MRIDULA BHATKAR, J - 3 -