110wp490.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 490 of 2009 (Ajay Ramraoji Nikam vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and P.B.Varale, JJ. Date : 01/10/2009. Heard Mr. B. M. Waranashiwar, Adv. (appointed) for petitioner and Mr. Fulzele, Additional Public Prosecutor for respondents. This petition is directed against the order dt. 25.6.2009 whereby the application of petitioner for grant of furlough leave came to be rejected for the second time by the competent Authority. The Additional Public Prosecutor has brought to our notice the earlier order dt. 10.3.2008 passed by this Court whereby the earlier Criminal Writ Petition No.29 of 2008 filed by the petitioner against the order of rejection of his earlier application for grant of furlough leave on the similar ground came to be rejected. Perusal of the said order shows that the petitioner was convicted for the offence punishable u/s. 376 (2), 110wp490.09.odt 2 . 342, 450 and 506 of the Indian Penal Code. The prosecutrix and other witnesses have expressed serious apprehension about their safety if the petitioner is released on furlough leave. Therefore, while rejecting the criminal Writ Petition on the earlier occasion vide order dt. 10.3.2008, this Court has expressed that if the petitioner is ready and willing to reside in the village other than the one where the witnesses reside, the petitioner shall be at liberty to make a fresh application. However, even this time, in the application made by the petitioner for grant of furlough leave, he has not mentioned any other place whether he would reside during the furlough leave and therefore, for the same reasons which were given by this Court while rejecting the Criminal Writ Petition vide order dt. 10.3.2008, present Criminal Writ Petition is also dismissed. JUDGE JUDGE jais