IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 1352 OF 2008 Riyazuddin Jamaluddin Shaikh Petitioner Vs. The State of Maharashtra & Ors. Respondent Ms. Pooja Bhojne i/b Mr. Nitin Sejpal, for the petitioner. Mrs. A. S. Pai, APP for the respondent. CORAM : BILAL NAZKI, & A. A. KUMBHKONI, JJ. DATE : JULY 16, 2008. PC :- 1. The prayer of the petitioner for furlough leave was rejected by an order dated 3rd March, 2007 by the respondent. That order is challenged in this petition. It appears that furlough leave was rejected on the ground that in the year 2005 when the petitioner was granted parole, he had over stayed for two months and he was finally arrested. We feel that the petitioner had over stayed when he was released on parole three years before and the application filed by him is also rejected more than a year before, therefore, he may file fresh application for furlough leave, which the respondent may consider afresh. The respondent may consider grant of - 2 - such leave on conditions, which may ensure that the petitioner cannot abscond. With these observations, the petition is dismissed. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]