1 IN THE HIGH COURT OF JUDICMTURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 668 of 2008 Natthu v. The State of Maharashtra and anr ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms Preeti Rane, Advocate for petitioner. Mr A.S. Sonare, APP for respondents. Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 14th November 2008 1. Heard Ms Preeti Rane, learned counsel for the petitioner and Mr A.S. Sonare, learned Addl. Public Prosecutor for State. 2. This criminal writ petition is directed against the order dated 25.6.2008 whereby request of the petitioner for grant of furlough leave came to be rejected by the DIG (Prisons) on the ground that it would cause danger to the lives of witnesses those who have deposed against the petitioner during the course of trial and also in view of the provisions of rule 4 (4) of the Prisons (Bombay Furlough and Parole) Rules, 1959. 2 3. It is brought to the notice of this Court that the son-in- law of the petitioner, viz. Devendrakumar Bhimraoji Shete, resident of Jaisinga, Post Dhanora, Tahsil Nandgaon Khandeshwar, District Amravati is ready and willing to stand surety for the petitioner. Learned counsel for the petitioner has contended that police verification report dated 28.1.2008 shows that the release of the petitioner is likely to result in causing danger to the lives of family members of the deceased. Learned counsel for the petitioner has submitted that if the petitioner is released on furlough leave, petitioner shall reside at Nandgaon Khandeshwar during his period of furlough leave and shall not enter the municipal limits of Amravati town. 4. Learned Addl. Public Prosecutor does not dispute that request of the petitioner for grant of furlough leave was rejected in view of the above-referred ground. 5. Considered the contentions canvassed by learned counsel for the respective parties. In the instant case, interests of the witnesses as well as members of the family of deceased can be protected if the petitioner is directed to reside at the place other than the one where these persons are residing. 6. In the circumstances, we dispose of the criminal writ petition with direction to the respondent to release the petitioner on furlough leave for a period of fifteen days from the date of his release, after following due procedure applicable in this regard. 3 Petitioner shall reside at Nandgaon Khandeshwar during the period of furlough leave and shall not enter the Corporation limits of Amravati town and shall surrender before the Jail Authorities on due date failing which the petitioner should be arrested and brought back to Prison. Judge. Judge. hsj