1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 373 OF 2009 (Nijamuddin Abdul Kadar Sayyed .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 31ST AUGUST, 2009. Heard Mrs. Smeeta P. Deshpande, the learned Counsel for the petitioner and Shri S.J. Jichkar, the learned APP for the respondent/State. The present writ petition is directed against the order dated 15.05.2009 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)(6) of The Prisons (Bombay Furlough and Parole) Rules, 1959. The learned APP has brought to our notice that though the petitioner has informed that his mother, namely, Ameena is ready and willing to stand surety for him, however, when she was contacted, she has not shown her willingness to come to Nagpur. In absence thereof, the competent authority has no option but to reject the request of the petitioner for grant of furlough. It is further contended that the release of the petitioner 2 is also likely to affect the public peace and tranquility. Considered the contentions canvassed by the respective Counsel. In the backdrop of the above referred facts, we dispose of the writ petition. However, it is open for the petitioner to furnish fresh valid surety and if he does so then in that event the respondents shall consider the request of the petitioner for grant of furlough in accordance with law and procedure applicable in this regard afresh. JUDGE JUDGE *rrg.