ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1765 OF 2008 WRIT PETITION NO.1765 OF 2008 WRIT PETITION NO.1765 OF 2008 Pandit Nanu Mhatre ...Petitioner. Vs. The State of Maharashtra ...Respondent. Ms.Rabeena Gonsalves for the Petitioner. Ms.P.H.Kantharia, APP for the Respondent. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. P.C. P.C. P.C. The Petitioner filed an application for furlough for the first time. He has already served more than 4 years of sentence. He was convicted under Section 326 of the IPC and sentenced to suffer imprisonment of 10 years. The application has been rejected only on the ground that the surety is old. This can hardly be a reason to reject the furlough. 2. Therefore, we direct the Respondent to release the Petitioner on furlough on usual terms and conditions for a period of two weeks. 3. In the meantime, the bail application No. 1318 of 2008 filed along with the Criminal Appeal No. 96 of 2008 be listed for hearing on 2nd February, 2009. 4. In view of the above, the Writ Petition is disposed of. ( 2 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)