1 wp1591.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1591 of 2011 Lambu Yusuf @Mohammed Hussain Pathan ..Petitioner v/s. The State of Maharashtra & anr. ..Respondents Mr. N.N. Gavankar a/w. Arfan Sait for the petitioner. Mr. V.B. Konde-deshmukh APP for respondents 1 and 2. CORAM:- A.M.KHANWILKAR & A.A. SAYED, JJ 13th September, 2011. P.C. In view of the factual position stated by the learned APP that the petitioner has not completed 14 years of actual imprisonment to qualify for consideration of premature release, this petition is not pressed by the Counsel for the petitioner. The Counsel for the petitioner further submits that the petitioner be permitted to make representation to the appropriate authority to contend that the period spent by the petitioner while on parole and furlough leave be also reckoned for the purpose of calculating 14 years of actual imprisonment period. Accordingly, petition is allowed to be withdrawn with liberty as prayed. 2. However, we make it clear that this liberty is not an expression of 2 wp1591.11.sxw opinion in favour of the petitioner or otherwise on the merits of the said contention. That contention will have to be examined on its own merits. (A.A. SAYED, J) (A.M.KHANWILKAR, J)