1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO: 762/2008 (Kisan Baliram Ghaiwat vs State of Maharashtra & another) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 19th December, 2008. *** Heard Mrs Kalyani Deshpande, the learned counsel for the petitioner and Mr S.J. Jichkar, the learned APP for the Respondents. 2. This Writ Petition is directed against the order dated 29.9.2008 passed by the Competent Authority whereby, the request of the petitioner for grant of furlough leave came to be rejected, on the ground of adverse police report as well as in view of provisions of Rule 4 (6) of the the Prison (Bombay Furlough & Parole) Rules, 1959 { in short “the Rules”}. 3. The learned APP has brought to our notice that on an earlier occasion i.e. On 25.8.2007, the petitioner was released on parole for a period of 30 days which was extended by another 30 days. However after the extended period of parole was over, the petitioner failed to surrender on due date and surrendered 32 days' late before the Jail Authority. 4. The learned counsel for the petitioner 2 has submitted that in view of the provisions of Rule 9 of the said Rules, the petitioner is entitled to make a fresh application as and when it is necessary and the Competent Authority may be asked to consider it on its own merit. 5. Considered the contentions canvassed by the respective counsel. In view of above- referred facts, no case is made out for showing indulgence. However, in view of the Rule 9 of the said Rules, it is always open for the petitioner to take appropriate steps in accordance with the said provisions and it is obligatory on the part of the respondents to consider the same in accordance with law. 6. With the above observations, Criminal Writ Petition stands disposed of. JUDGE JUDGE sahare