1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.609 OF 2009 Siraj Abdul Basid Kazi .. Petitioner Versus The State of Maharashtra .. Respondent Mrs.Bharati Gunjal, Advocate (appointed) for the petitioner Shri V.D.Godbharle, Asstt.Public Prosecutor for respondent-State CORAM : P.V. HARDAS AND A.V. NIRGUDE, JJ. DATE : 3rd December 2009 PER COURT 1. An application seeking the release of the petitioner on furlough is subject matter of challenge in the present petition. A communication sent by the petitioner through jail was registered as Criminal Writ Petition and accordingly, we had appointed Mrs.Bharati Gunjal as a Counsel to represent the petitioner in this petition before us. 2. It appears that the application of the petitioner came to be rejected on the ground that since the two brothers of the petitioner who had been earlier released on furlough were absconding, there was a strong likelihood of the petitioner also absconding and not surrendering to the jail authorities, if released. It is now stated before us by the learned Assistant Public Prosecutor that the two brothers of the petitioner have been arrested. In that light of the matter, therefore, according to us since the brothers of the petitioner were absconding when the petitioner had filed 2 an application for grant of furlough, no fault can be found with the authorities in rejecting his application. However, since the brothers of the petitioner have been arrested, according to us the petitioner may submit an application afresh which the respondents to decide in accordance with law as expeditiously as possible. 3. Learned Assistant Public Prosecutor further states that copy of the order of this Court dated 12.8.2009 was forwarded to the Principal Secretary, Home Ministry, Government of Maharashtra and the Superintendent of Police, Latur as per the directions of this Court. Pursuant to the aforesaid order, the learned Assistant Public Prosecutor states that steps have been initiated for amending the rules relating to the release of the convict on parole and furlough. In that light of the matter, therefore, according to us, no further orders are necessary. Since we do not notice any merit in the petition, the petition is, therefore, summarily dismissed with liberty to the petitioner to file application afresh. The respondents to decide the application of the petitioner, in accordance with law as expeditiously as possible. Petition is accordingly dismissed. We quantify the fees payable to the learned Counsel appointed at Rs.2,000/- (Rs.Two thousand). ( A.V.NIRGUDE, J.) ( P.V.HARDAS, J.) (vvr/609.09criwp) 3