1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 961 OF 2008 CRIMINAL WRIT PETITION NO. 961 OF 2008 CRIMINAL WRIT PETITION NO. 961 OF 2008 Vilas Tatoba Ghag .. Petitioner vs. The State of Maharashtra & Ors. .. Respondents Mr.Shriram Shirsat, Advocate,for the petitioner. Mr. A.R.Patil, APP,for the State. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 16th June, 2008 DATE : 16th June, 2008 DATE : 16th June, 2008. P.C P.C P.C. 1. Heard the learned Counsel for the petitioner. 2. Rule Mr. Patil, learned APP waives service for the respondents. The Petition is taken up for final hearing forthwith. 2 3. On 12.3.2004, the petitioner was convicted and sentenced to undergo life imprisonment and Criminal Appeal No.551 of 2004 is pending before this Court challenging the order of conviction and sentence. His bail applications have been rejected on more than one occasions. However, in April, 2007 he was granted temporary bail on the ground of his wife’s sickness and the said period was extended from time to time.He claims that some time in October, 2007,he submitted an application for furlough leave to respondent No.2nd and on 27.11.2007, the said application has been rejected. 4. A perusal of the said order rejecting the petitioner’s prayer for furlough leave indicates that the application was rejected on the basis of the reports submitted by the Assistant Commissioner of Police, Samta Nagar Division, Mumbai, who in turn had considered the report dated 27.10.2007 submitted by the Kurar Police Station, Mumbai. We have gone through the petition and the reports and we are satisfied that the reasons as set out rejecting the application for furlough leave do not impress us. In fact, the original complainants do not appear to have any apprehension about causing any prejudice to them if the petitioner is released on furlough leave. 3 5. We, therefore, quash and set aside the impugned order dated 27.11.2007 and we direct the respondents to release the petitioner on furlough leave on furnishing the normal surety bond and cash security. The cash security shall be in the sum of Rs.5,000/-. The furlough leave shall not exceed two weeks and the petitioner shall furnish two sureties. 6. Rule is made absolute accordingly. (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)