16. wp 705-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 705 OF 2011 Pramod Shankar Jadhav ] Age : Adult, Occ. : ____, ] R/at: Kadav, Tal. Karjat, Dist. Raigad. ] (Presently lodged in Kolhapur Cenetral Jail) ] Petitioner Versus 1. State of Maharashtra, ] 2. The Deputy Inspector General of ] Prison, Western Zone, Pune. ] 3. Superintendent, Kolhapur Central Jail, ] Kalamba. ] Respondents Mr. Kuldeep Patil for the Petitioner Mr. P.A. Pol, PP for the State CORAM : P.V. HARDAS & M.N. GILANI, JJ. DATE : 21st APRIL, 2011 ORAL JUDGMENT [Per P.V. HARDAS, J]: 1. Heard learned Counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is heard finally at the stage of admission. 1 16. wp 705-11.doc 3. By this petition under Article 226 of the Constitution of India, the petitioner takes exception to the order passed by the respondents rejecting his application for his release on furlough. In the meantime, it appears that the petitioner came to be released on parole by order dated 22nd March 2011. In the light of release of the petitioner on parole, the petitioner would be dis-entitled to claim his release on furlough for the period specified in the Rule. In that light of the matter, therefore, the challenge to the impugned order would no longer survive. 4. We accordingly partly allow this petition while dismissing the prayer in respect of challenge to the impugned order by granting liberty to the petitioner to apply for his release on furlough afresh as and when the petitioner becomes eligible. We further direct the respondents to decide the said application, if submitted by the petitioner for his release on furlough, in accordance with law, without being influenced by the earlier order of rejection of his furlough application. 5. Rule is partly made absolute with the above terms with no order as to costs. [ M.N. GILANI, J ] [ P.V. HARDAS, J ] 2 16. wp 705-11.doc 3