1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1015 OF 2010 Parshuram Kashinath Chavan, Age : Major, Occ. Prisoner C.N. 4428, R/o District Open Jail, Paithan, Tq.Paithan, Dist. Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, Home Department, Mantralaya, Mumbai 2. The Deputy Inspector General (Prison), (Central Prison, Aurangabad) 3. The Superintendent of Jail, District Open Jail, Paithan ..RESPONDENTS Ms Rashmi P. Gour, Advocate for the petitioner; Mr N.R. Shaikh, A.P.P. for the respondents. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 19th November, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.) 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition impugns the order dated 1.11.2010 passed by the respondents rejecting the application of the petitioner for his release on furlough on the ground of solemnization of the marriage of his daughter. In the application filed by the petitioner the petitioner had disclosed the date of marriage of his daughter as 28.10.2010. The authorities rejected the aforesaid application on the ground that the petitioner, when he had been released on earlier two occasions, had reported late by 30 days and 70 days, respectively. The aforesaid order of the respondents has been challenged by the petitioner. 3. An affidavit has been tendered before us by the learned Counsel for the petitioner, sworn by the son of the petitioner. The aforesaid affidavit is taken on record and marked "X" for the purpose of identification. In the said affidavit, it is stated that initially the marriage had been fixed for 28.10.2010 but the date of the marriage came to be postponed and now the marriage is scheduled to be solemnized on 20.11.2010. 3 4. Though the petitioner had reported late on earlier two occasions and the petitioner in normal circumstances would not be entitled to be released on furlough on account of the late surrender, however, in the light of the fact that the marriage of the daughter of the petitioner is scheduled to be solemnized on 20.11.2010, according to us in the peculiar facts of the present case an order directing the release of the petitioner on furlough deserves to be passed. 5. We accordingly allow this petition and direct that the petitioner be released on furlough for a period of fifteen days on such terms and conditions which the authorities may impose. Rule is thus made absolute on the above terms with no order as to costs. Learned A.P.P. undertakes to communicate this order to the respondents. Copy duly authenticated by the Court Sheristedar be handed over to the parties to act upon. //Authenticated copy// (A.M. Joshi), P.S. to Honourable Judge 4