1 3651.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3651 OF 2010 Futarmal Kapurji Borana ...Petitioner Versus The State of Maharashtra ...Respondent ...... None for Petitioner. Mr.H.J.Dedhia, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED:- JANUARY 10, 2011. P.C. 1. This Petition filed through jail challenges the order of the Appropriate Authority rejecting the petitioner's request for release on furlough leave. Learned A.P.P. on instructions states that the petitioner’s request has been rejected because he is not eligible for being released on furlough leave being convict in relation to offence punishable, amongst others, under Sections 396 and 395 of the Indian Penal Code. So long as Rule 4(2) of the Statutory Rules is in place, no fault can be found with the opinion recorded by the Appropriate Authority. Learned A.P.P. also informs that in the past, on three occasions, the petitioner has availed of parole. 2 3651.10 2. Suffice it to observe that insofar as challenge in this Petition is concerned, the same cannot be countenanced. Hence, this Petition fails. The same is rejected. 3. Copy of the order be forwarded to the petitioner, who is in jail, forthwith for information. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)