- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.1060 OF 2009 Shri Shafi Mohmad Mohd. Jamshad Ansari PETITIONER VERSUS The State of Maharashtra ... RESPONDENT ----- Shri A.D. Rajput, Advocate for the petitioner Shri K.J. Ghute Patil, A.P.P. for State Shri G.K. Naik Thigle, Advocate to assist A.P.P. ----- CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ. DATED : 13th January, 2010. ORAL ORDER : 1. A letter sent by the petitioner through jail came to be registered as Criminal Writ Petition. When this petition was moved before us for admission, we had appointed Advocate Shri A.D. Rajput as a counsel to represent the petitioner in this petition - 2 - before us. The grievance of the petitioner is that he is in jail since 13 years and 5 months and as his financial condition is precarious, he is not in a position to furnish surety. He also states that he has not availed any leave during his imprisonment of 13 years. According to the petitioner, he is desirous of being released on furlough in order to meet his mother as his mother is ailing and needs attention. 2. A notice of this petition being issued to the respondents, the respondents have filed their affidavit-in-reply and in the affidavit-in-reply, the respondents state that the petitioner has not applied for his release on furlough and, therefore, his prayer that he be released on acceptance of cash security in lieu of solvent surety is a pre-mature prayer. 3. Since the petitioner has not applied to the competent authority, according to us, there is no merit in the petition and the petition deserves to be dismissed. While dismissing the petition, we grant liberty to the petitioner to submit an application to the competent authorities requesting for his release on furlough. In the event petitioner does submit an application, we direct the respondent to decide the same as expeditiously as possible and in accordance with law and communicate the decision thereon to the petitioner. - 3 - 4. Thus, this petition which is sans merits, is summarily dismissed with the aforesaid liberty with no order as to costs. 5. We, however, quantity the fees payable to the learned counsel appointed on behalf of the petitioner at Rs.2000/-. [ SHRIHARI P. DAVARE, J.] [ P.V. HARDAS, J.] fmp/cwp1060.09