1 WP1954.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION kj WRIT PETITION NO.1954 OF 2010 Ramu Appa Mahapatre ..Petitioner Vs The State of Maharashtra ..Respondent ---- Mr. Arfan Sait for the petitioner. Dr.F. R.Shaikh APP for the State. ---- Coram : A.M.Khanwilkar & U.D.Salvi,JJ Date : 7.9.2010. PC 1 By this petition through jail, the petitioner essentially prays for modification of condition provided by the appropriate authority in its order dated 20.2.2010 requiring the petitioner to furnish two sureties in the sum of Rs.15,000/- each, amongst them one surety must be relative of the petitioner who would receive the petitioner 2 WP1954.10.sxw while on furlough leave. In so far as condition to provide additional surety is concerned, we have already recorded reasons in the order passed today in Writ Petition No.1949 of 2010 that such condition need not be insisted upon unless special reasons are recorded by the authority which if necessary, will have to be substantiated before the Court. 2 In so far as case in hand is concerned, no special reason is forthcoming. In the circumstances, requirement of furnishing two sureties as specified in the impugned order is modified to the limited extent to mean that the petitioner would be free to furnish one solvent relative surety who would receive the petitioner while on furlough leave. Rest of the conditions would apply as it is. 3 The petitioner after being released on furlough leave intends to stay in State of Orissa. The petitioner would be therefore, obliged to offer relative surety from that place where he intends to spend his leave period. The solvency of the said surety can be ascertained and verified before the jail authority i.e Senior 3 WP1954.10.sxw Superintendent, Circle Jail, Berhampur P. O. Lanjipalli , Dist. Ganjam, Orissa. For verification of solvency of surety, the Superintendent Nashik shall forthwith forward the papers to the jail authority in State of Orissa, as the petitioner intends to offer relative surety of District-Ganjam, Taluka-Surangi, State of Orissa, where he would reside during the furlough period. 4 Accordingly, petition is disposed of on the above terms. 5 Court expresses word of gratitude for the able assistance given by the Advocate for the petitioner as amicus curie. 6 Copy of this order be forwarded to the petitioner who is in jail. (U.D.SALVI,J) (A.M.KHANWILKAR,J)