R. M. S. KHANDEPARKAR, J.

( 1 ) IN both these petitions common questions of law and facts arise and therefore they were heard together and are being disposed of by this common judgment.

( 2 ) RULE. By consent, the rule is made returnable forthwith.

( 3 ) THE petitioners challenge the orders passed by the authorities below rejecting their applications for furlough leave. The said leave has been rejected mainly on the ground that both the petitioners, who were earlier granted the said leave, had not surrendered themselves and the petitioner in criminal Writ Petition No. 2300 of 2004 came to be arrested after 93 days' of overstay whereas the petitioner in Criminal Writ petition No. 81 of 2005 came to be arrested after 604 days' of overstay.

( 4 ) AT the outset, the learned advocates for the petitioners have drawn attention to Rule 2-II (k) of the Bombay High court Appellate Side Rules, 1960, hereinafter referred to as "the said Rules", while submitting that such matters are required to be placed before the learned single Judge and cannot be dealt with by a Division Bench.

( 5 ) THE Rule 2-II (k) of the said rules reads thus :- "applications/petitions, for furlough or parole u