JUDGMENT : M.S. Sonak, J. Heard Mr. T. George John, learned Counsel for the petitioner and Mr. G. Nagvekar, learned Additional Public Prosecutor for the respondent - State. 2. Rule. Rule is made returnable forthwith with the consent and at the request of the learned Counsel for the parties. 3. Challenge in this petition is to the order dated 17/07/2019 by which the Inspector General of Prisons has rejected the petitioner's application for furlough. 4. The petitioner is the convict suffering sentence under Section 138 of the Negotiable Instruments Act. The reason for rejection of furlough is his abscondance prior to trial. The other reason is that the victim wish to see the prisoner punished for the act committed by him and strongly opposed his release on furlough. 5. Since this is a case where the petitioner convicted under Section 138 of the Negotiable Instruments Act, we do not think that it was appropriate to the Inspector General of Prisons to base his decision on the opinion of the victims. The aspect of abscondance prior to trial is no doubt relevant. However, in the peculiar circumstances of this case and taking into consideration the fact that the prosecution was under Section 138 of the Negotiable Instruments Act, the petitioner, was required to be released on furlough. Till date the petitioner has availed of no furlough or parole even once. Taking into consideration the history of abscondance, no doubt, some severe conditions can be imposed upon the petitioner, so as to ensure that he does not jump or breach the terms and conditions. However, this is not a fit case for wholesale rejection of the furlough application made by the petitioner. 6. Accordingly, we set aside the impugned order dated 17/07/2019 and direct the petitioner to be released on furlough subject to such terms and conditions as the Inspector General of Prisons may deem appropriate to impose. No doubt, the Inspector General of Prisons will have to apply his mind to all relevant aspects like severity of crime, the period of sentence as also the history of abscondance. The terms and conditions will have to be imposed, keeping in mind all these aspects and balancing need for release of the petitioner on furlough ensuring that the petitioner returns to prison after the expiry of the furlough period. The terms and conditions will have to be imposed, keeping in mind all these aspects and balancing need for release of the petitioner on furlough ensuring that the petitioner returns to prison after the expiry of the furlough period. The Inspector General of Prisons to make the appropriate order within one week from today. 7. Rule is made absolute in the aforesaid terms. There shall be order as to costs. 8. All concerned to act on the authenticated copy of this order.