1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.566 OF 2008 (Suresh Narayan Dakhore vs. State and another) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE , JJ. DATED : OCTOBER 22, 2008 Heard Shri Bhat, learned Counsel for the petitioner, and Shri Thakare, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 2.5.2008 passed by the D.I.G. (Prison) whereby application of the petitioner for grant of furlough leave came to be rejected in view of provisions of Rule 4(10) of the Prison (Bombay Furlough and Parole) Rules, 1959. The following facts are not in dispute : The petitioner was released on parole vide order dated 30.6.2007 for a period of 30 days and the said period was extended by 30 days. However, petitioner failed to surrender on due date and surrendered late by 37 days and, therefore, prison 2 punishment was awarded by the competent Authority in accordance with law. In the backdrop of the above referred facts as well as in view of provisions of Rule 4(10) of the Rules of 1959, the competent Authority rejected the application of the petitioner for furlough leave. Shri Thakare, learned Additional Public Prosecutor for the respondents, states that in view of Rule 9 of the Rules of 1959 as well as decision of this Court in Anil Laxman Jawade v. State of Maharashtra and another (2007 (4) Mh.L.J. 25), if the petitioner makes a fresh application for furlough, same will be considered by the competent Authority on its own merits in accordance with law. In the circumstances, we dispose of the petition with liberty to the petitioner to file a fresh application accordingly and expect the competent Authority to dispose of such application on its own merits in accordance with law, at the earliest. JUDGE JUDGE khj