GOVABHAI NAGJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. P. R. Abhichandani for the petitioner and Mr. L. R. Pujari, A. P. P. for the respondents.

(2.) RULE. Learned A. P. P. Mr. Pujari waives service of rule on behalf of the respondents.

(3.) BY means of filing this petition under Article 226 of the Constitution of India and under the provisions of the Bombay Parole and Furlough Rules, 1959, the petitioner who is (i) undergoing life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and Section 135 (1) of the Bombay Police Act in Sessions Case no. 72/2001 against which Criminal Appeal no. 2156/2005 is pending before this Court and (ii) against whom CR no. I 327/2005 registered at Sabarmati Police Station for the offences punishable under Sections 302,307, 324 and 120b is also pending and who is in judicial custody as the regular bail application has been rejected by this Court has approached this Court with a prayer to quash and set side the impugned order dated 10-1-2008 Jud. 359/08 passed by the respondent no. 3 at Annexure"a" and to declare the same to be unlawful, illegal and for a direction to the respondent authorites to release the petitioner on furlough leave on appropriate terms and conditions.