1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2199 OF 2010 Sameerkumar Prakash Awasare Petitioner versus The State of Maharashtra and others Respondent Mr.N.N.Gavankar with Arfan Sait for petitioner. Mr.J.P.Yagnik, APP for the State. CORAM : A.M.KHANWILKAR AND U.D.SALVI, JJ. DATE : 07th September 2010 PC : 1. This petition filed through jail challenges the condition imposed by the appropriate authority for releasing the petitioner on furlough leave. In that, the authority has imposed a condition that the petitioner should furnish two sureties in the sum of Rs.25,000/- each; one amongst them should be his relative. Insofar as the requirement of furnishing surety of relative is concerned, who is likely to receive the petitioner, that is necessary in view of Rule 6 of the Rules of 1959. As per that rule, there is no requirement of furnishing additional surety. Besides, it is not the case of the department that the petitioner is a dreaded criminal or that he is likely to jump other conditions of furlough leave. 2 2. In the fact situation of the present case, we see no reason as to why such additional surety is insisted upon by the appropriate authority. To that extent, the order dated 19th June 2010 passed by the DIG (Prisons), Central Division, Aurangabad cannot be sustained. The other conditions specified in the said order will have to be observed by the petitioner. 3. The petition succeeds in the above terms. 4. Copy of this order be forwarded to the petitioner, who is in jail, forthwith. The appropriate authority shall act on the authenticated copy of this order. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)