1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1507 OF 2008 Rubina Siraj Sayyed. ... ..... Petitioner. Versus The Dy. Inspector General of Prison & Ors... ..... Respondents. Mrs. B. Sharda for the Petitioner. Mrs. P. H. Kantharia, APP, for the State. CORAM : BILAL NAZKI and A. A. KUMBHAKONI, JJ. DATED : 24TH SEPTEMBER, 2008. P.C.: The petitioner' s application for furlough was rejected. The petitioner has been sentenced to imprisonment for a period of five years by the learned Sessions Judge which was upheld in the Criminal Appeal No. 603 of 2007 by the High Court. The petitioner is in detention from 27th May, 2004. The sentence she was awarded was five years under the various provisions of law. She was also fined and in default of payment of fine she has to undergo different terms. 2. The application for furlough is rejected mainly on the ground that she had criminal background and she was using knife inside the jail and a 2 case has been pending against her and if she is released she will abscond. Reliance has been placed by the learned Public Prosecutor on an earlier order passed by this Court in Criminal Writ Petition No. 1438 of 2008 where this Court refused to grant furlough as certain other cases were pending against the prisoner. In this case, we have found that the petitioner is facing trial in a case under Section 387 of the Indian Penal Code in Case No 314/PW/2004 pending before the Court and from July 2006 no witness has been produced by the prosecution before the Court. For two and half years the trial is stalled and the delay in the trial can never be attributed to the petitioner who is always available as the petitioner is serving sentence in a jail. Therefore, the State cannot have it both ways; deny the furlough on the ground that another case is pending and do not proceed with that case and do not produce witness in that case. Therefore, this argument cannot be accepted. Major portion of the sentence has already been served by the petitioner. 3. Therefore, we direct that she should be released immediately on furlough on conditions to be imposed by the Authority concerned. In addition to the usual conditions she may also be directed to appear before the Inspector In-Charge, Nagpada Police Station, Mumbai, every day 3 between 10.00 a.m. and 11.00 a.m. 4. With the above directions, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (A. A. KUMBHAKONI, J.)