spb/- 1 wp1024-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1024 OF 2011 Manik Anant Patil ... Petitioner. V/s. The State of Maharashtra & Ors. ... Respondents. --- Mr. Naveen Chomal for the Petitioner. Mr. K.V. Saste, APP for the State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 13TH APRIL, 2011. P.C. 1 Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of necessary direction, directing the respondents to extend the period of his furlough leave by four more days w.e.f. 10.04.2011 to 14.04.2011. 3 It appears that the petitioner came to be released on furlough leave on 16.03.2011 for a period of 15 days and his furlough leave was to expire on 31.03.2011. The petitioner thereafter sought extension of his furlough leave till 14.04.2011 w.e.f. 01.04.2011. However, the spb/- 2 wp1024-11.sxw respondents granted the extension by 10 days w.e.f. 01.04.2011 to 10.04.2011. The petitioner claims that the medical officer, who is treating the petitioner for several disease including for chronic kidney disease Stage III, secondary to autosomal dominant polycystic kidney disease, hypertension, ischemic heart disease, has gone abroad and would be returning tomorrow. The learned counsel for the petitioner states on behalf of the petitioner that the petitioner would get himself examined before the medical officer tomorrow and would surrender to the jail authority by tomorrow evening. We accept the aforesaid statement made before us by the learned counsel for the petitioner that the petitioner would surrender tomorrow evening as an undertaking to the court. 4 In the peculiar facts and circumstances of the present case, we grant extension to the petitioner of his furlough leave by a period of four days w.e.f. 10.04.2011 to 14.04.2011. We further make it clear that in the event the petitioner does not surrender tomorrow as per the undertaking given by him, the extension shall be deemed to have been refused. 5 Rule is thus made absolute in the above terms with no order as to costs. The petition is disposed of accordingly. [M.N.GILANI,J.] [P.V. HARDAS, J.]