Writ Petition No. 556 of 2008  IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 570 of 2008 Deepak Kanhaiyalal Sarvaiyya, Convict No.C-2532, Central Prison, Amravati. :: PETITIONER -: Versus :- 1. State of Maharashtra through D.I.G. Prisons (E)(R), Nagpur. 2. The Superintendent, Central Prison, Amravati. :: RESPONDENTS -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. B. M. Waranashiwar, Adv. (appointed) for Petitioner. Mr. Sonare, A.P.P. for Respondents. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM: D.D. SINHA & A.P.BHANGALE,JJ. DATED: 20th OCTOBER, 2008 ORAL JUDGMENT : (Per D.D. Sinha, J.) Writ Petition No. 556 of 2008 1. Rule made returnable forthwith by the consent of Mr.B.M.Waranashiwar, Adv. (appointed) for Petitioner and Mr.Sonare, Additional Public Prosecutor for Respondents. Heard the learned counsel for respective parties. 2. This petition is directed against the order dt. 15.5.2008 passed by the D.I.G. Prison whereby the application of petitioner for grant of furlough leave came to be rejected on the ground that the petitioner, in the year 1999, while in the custody of police, gave a slip to them and absconded. Counsel for petitioner has submitted that the above referred incident has taken place before the order of conviction; however, after conviction and while the petitioner was serving the sentence when released on parole by the competent Authority vide order dt. 4.3.2008 for a period of thirty days, petitioner has surrendered on the due date before the Jail Authorities i.e. on 4.4.2008 and no untoward incident had taken place while the petitioner was on parole leave. Writ Petition No. 556 of 2008 3. Considered the contentions canvassed by the respective parties. In the backdrop of the above referred facts, it is difficult to sustain the impugned order which is passed in view of the incident which has taken place in the year 1999. The competent Authority failed to take into consideration the conduct of petitioner when he was released on parole in the year 2008. In the circumstances, we dispose of the Criminal Writ Petition with a direction to the respondents to release the petitioner on furlough leave for a period of fifteen days from the date of release after following the due procedure applicable in this regard. The petitioner shall surrender on the due date, failing which the Jail Authorities are directed to apprehend the petitioner with the help of police in order to bring him back to the prison. Rule is made absolute in the above terms. JUDGE JUDGE jaiswal