48wp268.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.268 of 2009 (Asagar Kadar Shaikh .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & Prasanna B. Varale, JJ. Date : 4/8//2009. Heard Mr. H. M. Bobde, Adv. for petitioner and Mr.A.G.Mujumdar, Additional Public Prosecutor for respondent nos. 1 to 6. In the present petition, petitioner is seeking direction to the respondents to release the petitioner on furlough leave for a period of one month. The Additional Public Prosecutor has submitted that, on the earlier occasion, petitioner has submitted an application for grant of furlough leave to the competent Authority i.e. D.I.G., Prison. However, said request was rejected by the D.I.G., Prison on the basis of adverse police report as well as in view of the provisions of Rule 4 (4) (10) of the Bombay (Furlough and Parole) Rule, 1959. The Additional Public Prosecutor has submitted that said order has never been challenged by the petitioner and therefore, petitioner is not entitled for the direction sought in the present petition. These facts are not disputed by the petitioner. However, the Counsel for petitioner has contended that the petitioner will submit proper application to the competent Authority for grant of 48wp268.09.sxw 2 . furlough leave in future and prayed that the respondents may be asked to consider the same in accordance with law. Considered the rival contentions canvassed by the respective parties. On the backdrop of the above referred facts, we dispose of the present petition. However, if the petitioner makes an application for grant of furlough leave in future to the competent Authority, we expect the competent Authority to consider the same in accordance with law and procedure applicable in this regard at the earliest. JUDGE JUDGE jais