1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.387 of 2006. Atique Ahmed Sk.Nazir ..vs.. State of Maharashtra and other. Mr.N.A.Badar,Adv.for the petitioner. Mr.A.D.Sonak, A.P.P. for the State. CORAM : K. J. ROHEE & C.L.PANGARKAR JJ. Dated: 19 th SEPTEMBER, 2006. P.C. 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The petitioner was arrested on 18/10/1992 and was convicted for the offence punishable under Section 302 of I.P.Code on 18/10/1993. He was released on furlough for the first time on 15/6/1996 2 (incorrectly mentioned as 15/6/1999 in the impugned order dated 14/7/2006). At that time the petitioner was required to be arrested. On the next occasion furlough was granted to the petitioner on 1/11/2002. At that time he overstayed for 235 days, however, he surrendered before the Jail Authority. For both these defaults the petitioner was punished by the Jail Authorities. By the impugned order dated 14/7/2006 the application of the petitioner for furlough was rejected on the ground that he was in the habit of remaining absconding. One thing is certain that after 2002 neither furlough or parole was granted to the petitioner. 3. In view of these circumstances, we think it expedient to grant furlough. It may be noted that furlough is the matter of right and that is to be granted to have family and social life and avoid ill effects of continuous prison life. In view of this, the petitioner should be granted furlough for fifteen days. 4. The petition is, therefore, allowed. Respondent no.2 is directed to grant furlough 3 to the petitioner for a period of fifteen days. He may impose condition to furnish solvent surety on a condition that the petitioner should report to Police Station Balapur (District Akola) on every alternate day. With these directions the writ petition is disposed of. Steno copy of this order be furnished to learned Additional Public Prosecutor. JUDGE JUDGE pzc