1 wp2679.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2679 OF 2010 Raju Suresh Chavan. ....Petitioner Vs. The Dy. Inspector General of Prison, Western Zone, Pune & ors. ....Respondents Ms. Harjeet Kaur, advocate for petitioner. Mr. J.P.Yagnik, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 20, 2010. P.C. 1. The Petitioner has approached this Court essentially questioning the order passed by the appropriate Authority dated 6th November, 2009 rejecting the Petitioner's application for furlough leave. However, the ground on which the furlough leave was sought is that the Petitioner's mother was unwell. Besides, the Petitioner's brother, who is a practicing advocate filed affidavit stating that he was likely to get married on 28th November, 2010. For those grounds, the Petitioner could have applied for parole leave. Realizing this position, Counsel for the Petitioner seeks liberty to withdraw this petition and further prays that the Court may clarify that the parole leave application, if resorted by the 2 wp2679.10.sxw Petitioner, be decided on its own merits without being influenced by the opinion recorded in the impugned decision. We have no difficulty in acceding to this request. Accordingly, the Petition is allowed to be withdrawn with liberty, as prayed. 2. We make it clear that the appropriate authority shall consider the parole leave application on its own merits without being influenced with the reasons stated in the impugned decision. That be decided on or before 18th October, 2010, provided the same is filed by the Petitioner before the Appropriate Authority through proper channel on or before 27th September, 2010. 3. Copy of this order be forwarded to the concerned Superintendent, Yerwada Central Prison, Pune forthwith, if necessary by email/fax. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)