1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.456/2009 Yamaji Baburao Lokare .. PETITIONER VERSUS The State of Maharashtra .. RESPONDENT ... Smt.B.B.Gunjal,Adv.(appointed) for petitioner Shri B.J.Sonawane,Asstt.Public.Pleader for Respondent ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 15/07/2009 ORAL ORDER : A letter sent by petitioner through jail has been registered as Criminal Writ Petition and accordingly we have appointed Mrs.B.B.Gunjal as a counsel to represent the petitioner in this petition before us. The limited grievance of the petitioner is that order directing his release on furlough has been passed by respondent but since the petitioner could not furnish surety the respondents have not released him on acceptance of cash security in lieu of surety. 1 2. Mrs.Gunjal, learned counsel for the petitioner has invited our attention to the Division Bench judgment of this Court rendered in Criminal Writ Petition No.461/2008 on 20/8/2008, in which the Division Bench has directed the release of the petitioner therein on acceptance of cash security. In the aforesaid judgment, it was noticed by Division Bench that all the relatives of the petitioner were serving various terms of imprisonment and therefore, the relatives were not available. Such is not the case in the present case. In the light of that, therefore, according to us, the ratio of the aforesaid judgment is inapplicable to the facts of the present case. Our attention has also been invited to the judgment of the learned Single Judge of this Court in Deepak Hari Kivkalwar V/s State of Maharashtra and another (2003) (3) B Cr C 313, in which the learned Single Judge in the facts of the aforesaid case directed release of the petitioner therein on acceptance of cash security. 3 Rule 10 of the Prisons (Bombay Furlough and Parole) Rules, 1959 clearly stipulates that a prisoner may be released on furlough on his executing a personal bond or giving cash security in Form “C” appended to these rules and also subject to a surety executing a bond in form “A” appended to these Rules. 4. Thus requirement of Rule 10 is that the prisoner in order to secure his release on furlough has either to execute a personal bond 1 or to give cash security and is also required to furnish surety to the satisfaction of the authorities. In the light of the requirement of the said Rules, it cannot be urged before us that furnishing of cash security is permissible under the Rules in lieu of furnishing of surety. 5. In the light of what has been held by us above, therefore, according to us, no case for interference is made out much less any directions to the authorities for accepting cash security in lieu of solvent surety. This Writ Petition is accordingly dismissed with no order as to costs. We quantify the fees payable to the learned counsel appointed on behalf of the petitioner at Rs.1500/- (Rs.One thousand five hundred only). [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/criwp456-09