1 wp2587.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 2587 of 2010 Pramod Shankar Jadhav ..Petitioner v/s. State of Maharashtra & ors. ..Respondents Mr. K.S. Patil – advocate for the petitioner. Ms. M.H. Mhatre – APP for the State. CORAM:- A.M.KHANWILKAR & A.P. BHANGALE, JJ DATED :- DECEMBER 16, 2010. P.C. By this Writ Petition in substance the grievance is that the furlough leave request made by the Petitioner has been wrongly refused by the Appropriate Authority on the ground that the Petitioner is ineligible on account of the fact that he has been convicted for offence punishable under Section 397 of IPC. The fact that the Petitioner has been convicted for the said offence is not in dispute. The argument of the Petitioner, however, is that the Petitioner has already completed the sentence period for the said offence and is presently undergoing sentence in respect of the offence 2 wp2587.10.sxw punishable under provisions of MOCA. If so, the Petitioner would be entitled for being released on furlough leave subject to fulfillment of other conditions. 2. To buttress this submission reliance is placed on the decision in the case of Gorakh @ Baba Patole v/s. Government of Maharashtra & ors. reported in 1993 Mh. L.J. 1423. Since this aspect has not been considered by the Appropriate Authority, we would set aside the impugned decision and relegate the Petitioner before the Appropriate Authority for re- examination of the Petitioner’s request afresh on its own merits in accordance with law. We keep all questions open to be decided in the said proceedings. 3. We hope and trust that the Appropriate Authority would re-examine the case of the Petitioner as expeditiously as possible and in any case within six weeks from today and communicate its decision to the Petitioner within such time. 4. Petition disposed of on the above terms. (A.P.BHANGALE, J) (A.M.KHANWILKAR, J)