1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.105/2008 Ramchandra Akaram Solanke, Aged about 62 years, R/o. Devipura, P.S. Walgaon, District – Amravati. Convict No. C-3008, Central Prison, Amravati. .. Petitioner .. Versus .. 1. State of Maharashtra, through the Deputy Inspector General of Prisons, East Range, Nagpur. 2. The Superintendent, Central Prison, Amravati. .. Respondents .......... Mr. N.A. Badar, Advocate for the petitioner, Mr. S.S. Doifode, APP for the respondents. .......... Coram : K.J. Rohee & A.B. Chaudhari, JJ Dated : 16 th April, 2008 ORAL JUDGMENT : (PER : K. J. ROHEE, J) 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2 2. By this petition the petitioner seeks furlough for a period of two weeks. According to the petitioner he was released on furlough on 24.6.2005 for the first time and he surrendered within time. In 2007 he was released on parole because of the death of his elder brother. At that time also he surrendered within time. On 8.8.2007 he applied for grant of furlough. However, respondent no.1 rejected his application by order dated 1.2.2008. 3. A perusal of the said order shows that adverse report was received from the Commissioner of Police, Amravati. It was apprehended that in case the petitioner is released on furlough, there is likelihood of dispute between the prosecution witnesses and the petitioner. Hence, the application was rejected. 4. It seems that respondent no.1 has not at all considered the fact that on the previous occasion in 2005 when the petitioner was released on furlough, there was no such dispute and that the petitioner surrendered within time. It is thus obvious that respondent no.1 has passed the impugned order mechanically and without application of mind. Hence, the same cannot be sustained. We, therefore, pass the following order : 5. The petition is allowed. The impugned order dated 1.2.2008 passed by respondent no.1 is quashed and set aside. 3 Respondent no.1 is directed to release the petitioner on furlough for a period of two weeks on his furnishing securities to the satisfaction of the jail authorities. 6. Rule is made absolute in above terms. JUDGE JUDGE ....................