1 wp-3691-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3691 OF 2010 Sachin Balaram Kadam ...Petitioner Versus The Superintendent, Yerwada Central Prison,Pune & Anr ...Respondents.. None for the Petitioner. Ms M. H. Mhatre, A.P.P. for State. CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- 1st February, 2011. P.C. 1. This writ petition, filed through jail, takes exception to the orders passed by the Appropriate Authority dated 29.9.2010 and 28.10.2010 whereby the petitioner’s request to excuse the delay of one day in reporting back to the jail after availing of furlough leave came to be rejected. As a consequence, his security deposit was ordered to be confiscated. After going through the said orders, we are at a loss to understand as to whether the Authority considered the explanation offered by the petitioner for one day’s delay. The petitioner, besides stating that due to his illness he could not report in time, had 2 wp-3691-10 presumably relied on the medical certificate which is annexed to this petition. There is no consideration in the impugned decisions about that aspect at all. If the explanation offered by the petitioner was found to be genuine, the question would be whether it should be accepted as sufficient cause or otherwise. That is the prerogative of the Appropriate Authority. We would not trench upon the said discretion of the Appropriate Authority in exercise of writ jurisdiction. However, we would set aside the impugned decisions and instead direct the Appropriate Authority to reconsider the request of the petitioner on its own merits in accordance with law, with reference to the explanation offered by the petitioner for the cause of delay of only one day in reporting back to jail. We hope and trust that the Appropriate Authority would consider the proposal of the petitioner as expeditiously as possible and in any case not later than six weeks from today. We make it clear that all questions are left open to be decided on its own merits in accordance with law. 2. Petition is disposed of on the above terms. 3. Copy of the order be forwarded to the petitioner who is in jail forthwith for information. 3 wp-3691-10 (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)