1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.457/2009 ------------------------------------------------------ Sopan Shamrao Koli .. PETITIONER VERSUS The State of Maharashtra .. RESPONDENT .... Shri M.A.Tandale,Adv.appointed for petitioner . Shri S.K.Kadam,A.P.P.for respondent. .... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 22/06/2009 ORAL ORDER : This petition under Article 226 of the Constitution of India impugns the order dated 16/17-2-2009 passed by the respondent declining to release the petitioner who is undergoing a sentence of imprisonment, on furlough. The principal reason for declining to release the petitioner on furlough is that the petitioner had been released on furlough on 15/7/06. The petitioner however, did not 2 surrender after the furlough leave was exhausted and was in fact required to be arrested and lodged in prison on 28/10/06. Thus the petitioner was illegally absent from jail for a period of 89 days. Relying on Rule 4(4),4(6),4(10) of the Prisons (Mumbai Furlough and Parole Rules) 1959 the respondent had rejected the application of the petitioner. 2. We have heard Shri M.A.Tandale, learned counsel (appointed) on behalf of the petitioner and Shri S.K.Kadam, learned APP for State. In the light of the fact that the petitioner had absconded for a period of 89 days and was required to be arrested and then lodged in prison, we are not inclined to interfere in the order issued by the respondent. We however, grant liberty to the petitioner to submit an application afresh after a period of 6 months which application be decided by respondent in accordance with law. 3. Accordingly this writ petition is dismissed with the aforesaid liberty with no order as to costs. We quantify the fees payable to the learned counsel (appointed) on behalf of the petitioner at Rs.2000/- (Rs.Two thousand only). [R.K.DESHPANDE,J.] [P.V.HARDAS,J.] umg/criwp457-09