1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 468 OF 2009 Rajendra @ Raju Shankarrao Fate .vs. State of Maharashtra & another _________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM : D.D. SINHA & P.B. VARALE, JJ. DATED : SEPTEMBER 14, 2009. Heard Mrs. Kirti Nipankar, learned Counsel for the petitioner and Mr. A.S. Fulzele, learned Additional Public Prosecutor for the respondents. The present Writ Petition is directed against the order dated 17.6.2009 passed by the Competent Authority whereby the application of the petitioner for grant of furlough came to be rejected in view of Rule 4(4) of the Prison (Bombay Furlough & Parole) Rules, 1959 as well as in view of the fact that the release of the petitioner would endanger life and safety of the witnesses, who have deposed against the petitioner during the course of the trial. Considered the rival contentions. It is not in dispute that this is for the first time the petitioner has made an application for grant of furlough leave after his conviction and, therefore, it is premature to anticipate that the release of the petitioner is likely to endanger life and safety of the witnesses, who have deposed against the petitioner at the time of trial. At the same time, interest of 2 the State and witnesses could be protected by imposing certain conditions on the petitioner. The Criminal Writ Petition is disposed of with the direction to the authorities to release the petitioner on furlough after following due procedure applicable in this regard for a period of two weeks from the date of release. The petitioner shall visit Police Station, Nandgaonpeth once a week during the course of his furlough leave and shall surrender before the Jail Authorities on due date, failing which the Superintendent of Jail with the help of police is directed to apprehend the petitioner and bring him back to prison. JUDGE JUDGE. J.