1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 1677 OF 2009 Bhanudas Radhakissan Bhise ...Petitioner Versus The State of Maharashtra ...Respondent Through jail Mr. K.V. Saste, Additional Public Prosecutor, for the State. CORAM: B ILAL NAZKI and A.R. JOSHI, JJ. DATE: SEPTEMBER 10, 2009 P.C.:- The petitioner is suffering imprisonment for life, and he applied for furlough, which was rejected on the ground that the witnesses, who appeared against him during the trial, have an apprehension that he might harm them. Because of an unfounded apprehension, leave on furlough cannot be denied to a prisoner. 2 2. In terms of Rule 4 of the Prisons (Mumbai Furlough and Parole) Rules, 1950, furlough can be refused if there is an adverse report from the concerned police, but the concerned police should have some material in order to oppose an application. We do not find in this petition that there is any such material, on the basis of which one can presume that there would be danger to the lives of the witnesses, who deposed against the petitioner. 3. We, therefore, allow this Writ Petition, and direct the respondent to grant furlough to the petitioner on usual terms and conditions. In order to ensure that there is no danger to the life of any of the witnesses, we further direct that the petitioner, during the period of his leave, shall appear every day before the concerned police station. BILAL NAZKI, J. A.R. JOSHI, J.