1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 705 OF 2010 Asgar Kadar Sheikh (convict) v. State of Maharashtra & anr. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. R.A. Jaiswal Advocate for the Petitioner. Mr. M.J. Khan, APP, for Res. ..... CORAM: A.H. JOSHI & A.B.CHAUDHARI, JJ. DATED : 3 rd FEBRUARy,_2011. Heard learned advocate Mr.Jaiswal for the petitioner. 2. Perused the copies of the papers filed by the State in furtherance to the directions given by this Court. 3. The order of refusal of furlough discloses the reason that the surety offered by the petitioner has declined to take any responsibility relating to the behaviour of the petitioner. 4. The affidavit of the surety, which is part of the record of D.I.G. (Prisons) 2 contains a positive statement that the surety undertakes to take responsibility for all the acts of the prisoner. 5. In the background of the affidavit indicated in the foregoing para, it is obvious that either there is misreading or want of application of mind on the part of D.I.G., (Prisons), Nagpur, while passing impugned order. Therefore the order impugned deserves to be set aside. 6. We direct the D.I.G. (Prisons) (ER), Nagpur, to consider the request for grant of furlough, according to law, on the basis of available record or after calling fresh report, if necessary, however, in any case, on or before 15.3.2011. 7. Copy of this order be supplied to APP for communication. JUDGE JUDGE /TA/ 3