1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL WRIT PETITION NO. 541 OF 2009 Shri Prakash s/o Manik Kale ... PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mrs. Bharati Gunjal, Advocate for the petitioner (appointed) Mrs. R.R. Mane, A.P.P. for the respondents ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 11TH AUGUST, 2009. ORAL ORDER : 1. The petition prays for grant of furlough leave. It is brought to our notice that by order dated 10.7.2009, the Divisional Commissioner passed order of parole leave to petitioner for 30 days. It is informed that the petitioner was released on parole. In between, D.I.G., Prisons passed an order on 31.7.2009 granting furlough leave to the petitioner. The said order will have to be considered in the light of Rule 5 of the Prisons (Bombay Furlough and Parole) Rules, 1959. The application for parole and furlough 2 ought to be decided by the competent authority within prescribed reasonable time. Due to passing of order of furlough, some confusion is now created as petitioner was already released on parole. In the facts of the case, we observe that petitioner is entitled to file application for furlough leave after six months from the date of his return from parole leave to the D.I.G., Prisons for furlough leave. If such an application is filed, the D.I.G., Prisons shall pass appropriate orders as expeditiously as possible. 2. With these observations, the Criminal Writ Petition is disposed of. 3. Mrs. Bharati Gunjal, Advocate was appointed as amicus-curiae in this matter. The High Court Legal Services Authority shall pay the professional fees of Mrs. Bharati Gunjal, Advocate. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) fmp/cwp54109