1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2726 OF 2009 Salim Gaus Mohammad Shaikh .. Petitioner. V/s. The State of Maharashtra & Anr. .. Respondents. --- Mrs. Indrayani Koparkar for the Petitioner. Ms. Usha V. Kejriwal, APP for the Respondent-State. --- CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATED : 24TH NOVEMBER, 2009 P.C. : 1. Heard. The learned APP tenders affidavit-in-reply of the Jailor, Nashik Road Central Prison, Nashik. In the affidavit in reply it is stated that the Dy. Inspector General of Prisons has not entertained the application for furlough of the petitioner/ convict - prisoner no. C/7693, who is undergoing sentence for life imprisonment awarded to him by the Sessions Court, Sewree for having committed offences punishable under section 302 r/w. 34 of the IPC for the reasons that the concerned Police Inspector i .e. Vikroli Police Station had sent adverse police report, opposing 2 grant of furlough leave, as the complainant has stated in her statement about the threats to her life and her family from the petitioner/convict-prisoner if he is released on furlough leave and further there will be threat to law and order situation in the area. No record and proceedings are placed before this court by the Jail Authority to support this contention. Therefore, we are inclined to allow the petition. 2. In the result, we hereby quash the impugned order rejecting the application of the petitioner for furlough leave and direct the respondent no.2 to forthwith consider the application of the prisoner by ignoring the police report and take his own decision in the matter. 3. This court has time and again made it clear that the D.I.G. Of Prisons is not bound by the report of the police and he should be personally satisfied about the facts stated in the report; otherwise no prisoner can be released on furlough leave and that will make the provisions of the Furlough Leave Rules redundant. We expect the respondent no.2 to take a decision in the matter 3 within a period of two weeks from the receipt of this order and inform the petitioner/ prisoner-convict accordingly. 4. Petition stands disposed of accordingly. (J.N. Patel,J.) (A.A. Sayed,J.)