spb/- 1 wp206-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 206 OF 2011 Satishmukar R. Agarwal ... Petitioner . V/s. The State of Maharashtra ... Respondent. --- Through Jail : Mr. N.N.Gawankar, Advocate appointed as amicus curiae. Ms. M.Y.Mhatre, APP for the State. Mr. D.A.Nalawade for the Respondent. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 28TH MARCH, 2011. P.C. 1 Rule. Rule made returnable forthwith. 2 A communication sent by the petitioner through Jail who is undergoing sentence in the Central Prison at Daman taking exception to the order passed by the authorities dated 15.12.2010, rejecting his application for his release on furlough leave on the ground that the petitioner had not completed two years of actual imprisonment is subject matter of challenge in this petition. 3 It appears that the petitioner came to be arrested on 23.06.1987 and was thereafter, released on bail on 16.11.1987. The petitioner came to be convicted by the trial court on 04.02.1989 and thereafter came to be released as per the order of the appellate court on bail on 20.09.1989. The appeal filed by the petitioner came to be dismissed on 06.07.2009 and the petitioner was taken in the custody on 20.07.2009 and since then the petitioner is in custody. spb/- 2 wp206-11.sxw 4 In the light of the aforesaid facts, prima facie, it appears to us that the petitioner has completed two years of actual imprisonment. In that light of the matter, we allow this petition and quash and set aside the impugned order dated 15.12.2010 and direct the respondent authorities to decide the application of the petitioner for his release on furlough afresh in accordance with law within a period of two weeks from today and communicate the decision to the petitioner in jail. Learned counsel for the respondents undertakes to communicate this order to the Respondents. Rule is made absolute in the above terms with no orders as to costs. [M.N.GILANI,J.] [P.V. HARDAS, J.]