wp1259.10.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1259 OF 2010 Aasan Shamshed Naushad Aalam/ Nadan Siddiqui ....Petitioner. Vs. The State of Maharashtra ....Respondent. Mr. A.V. Chatuphale, appointed advocate, for the Petitioner. Mrs. M.M. Deshmukh, APP for the Respondent. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 11th June, 2010 P.C.: 1 Heard Mr.Chatuphale, learned appointed advocate and Mrs. M.M. Deshmukh, learned APP. 2 By the impugned order dated 02/12/2009 the Special I.G. (Prison), Aurangabad, has rejected the furlough leave application of the Applicant based on the report submitted by the Saki Naka Police Station. As per the said report the witnesses who had deposed against the Petitioner are neighbours and he had threatened during the trial of the case that any one, who came before the trial Court as a witness against him, would be eliminated. The police, therefore, apprehended that if the Petitioner is released, there may be a situation of law and order and the Police were not inclined to take any chance. The impugned order has thus given a reason which appears to be a possible reason and it would not be described as a wp1259.10.sxw 2 fictitious ground to reject the Petitioners Application. However, if the Petitioner submits a fresh application undertaking therein that he would stay away from his home in Saki Naka area during the furlough leave, the same shall be considered on its own merits independent of the police report. The said fresh application be decided, as expeditiously as possible and preferably within a period of four weeks from its receipt. 3 The Petition is disposed off in terms of above directions. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)