1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 617/2011 Ali Bhai Bhima Jiwani vs. The D.I.G.Prison (E) ( R), Nagpur and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Ms V.V.Tiwari, Advocate (appointed) for the petitioner. Mrs. N.R. Tripati, APP for respondents. CORAM : P.V.HARDAS & P.B.VARALE,JJ DATE : 8.12.2011 By this petition, the petitioner prays for his release on either parole or furlough. Since this communication was addressed by the petitioner from jail, it was registered as Criminal Writ Petition. We had, accordingly, appointed Ms V.V.Tiwari, learned counsel to represent the petitioner in this petition. On notice being issued to the respondents, the respondents have filed their affidavit-in-reply. The respondents, in affidavit-in-reply, have pointed out that the petitioner has not applied for parole/ furlough before the competent authorities and has submitted the application, for the first time, in this court. 2` In the light of the fact that the petitioner has not submitted his application seeking his release either on parole or furlough before the authorities at any point of time prior to forwarding the communication to this Court, the present writ petition seeking his release on furlough would not be maintainable. The petitioner, however, would be at liberty to submit an application before the competent authorities seeking his release either on parole or furlough, if the petitioner is otherwise eligible. We, however, direct the respondents to expeditiously decide the application of the petitioner, if submitted by him, seeking his release either on parole or furlough. Accordingly, this writ petition is dismissed with the aforesaid directions with no order as to costs. Fees payable to the learned counsel appointed for the petitioner, are quantified at Rs.1500/-. JUDGE JUDGE patle 3`