1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1855 OF 2009 Sharad Hiru Kolambe ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. Ganesh Gole for the Petitioner Mr. K.V. Saste, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: AUGUST 12, 2009 P.C.:- Rule. Heard forthwith by consent of parties. 2. The petitioner is undergoing life imprisonment. He applied for furlough on 24th April, 2009. His application was rejected on several grounds. One of the grounds is that he was sentenced under Sections 395 and 397 of the Indian Penal Code, and in view of Rule 4(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959, he was not entitled to furlough. 2 2A. The learned counsel for the petitioner relies on a judgment of this Court in Gorakh @ Baba Patole v/s. Government of Maharashtra & Ors., reported in 1993 Mh.L.J. 1423 to canvass that the sentence, which had been awarded to the petitioner on conviction under Sections 395 and 397 has already been served by the prisoner. He has already undergone 10 years of imprisonment. 3. Following the judgment referred to above, we do not think that this ground was available to the respondents. 4. Another ground is that he has been fined more than Rs.15 lakhs, and if he is released, he may abscond. There is no material with the respondents to presume that since huge fine was imposed upon the prisoner, he will abscond. 5. Yet another ground is that he is facing a trial in another case under Section 397 of I.P.C., and, therefore, he may abscond. 3 6. It may also be pointed out that the petitioner has undergone 10 years of imprisonment. His appeal is still pending in this Court. Therefore, we feel that this was an unfortunate case, in which furlough should have been granted. Furlough should be granted as a matter of right, but, at the same time, the authority should ensure that the prisoner returns after the period of leave is over. 7. Therefore, we direct that furlough be granted to the prisoner on usual terms, and in addition, he may also be asked to appear before the concerned police station on a daily basis. 8. The Writ Petition is accordingly disposed of. The Rule is made absolute. BILAL NAZKI, J. A.R. JOSHI, J.