ACHYUT MADHAVRAO DHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and by the consent of the learned Counsel for the parties taken up for final hearing.

(2.) The petitioner/convict preferred an application on 2.11.2009, which was treated as Criminal Writ Petition. The petitioner preferred present petition requesting to quash and set aside the order dated 26.10.2009, passed by the Special Inspector General of Prison, Central Division, Aurangabad, rejecting the application of the petitioner for furlough leave. According to the petitioner, he applied for the furlough leave on 16.6.2009, which was forwarded to the Superintendent of Central Prison, Aurangabad and to the Deputy Inspector General (Prisons), Aurangabad on 23.7.2009. Accordingly, police report was called, which apparently was adverse to the petitioner herein, and consequently, the Special Inspector General of Prison, Central Division, Aurangabad rejected the application of the petitioner for furlough leave. Being aggrieved and dissatisfied by the said order, the petitioner/convict has preferred application dated 2.11.2009 before this Court.

(3.) Learned Counsel for the petitioner urged that the petitioner/convict was on bail during the pendency of the trial and the grounds posed in the police report that if the petitioner/convict is released on furlough leave, there is possibility of threatening to the witnesses and the complainant by the petitioner/convict herein, bears no substance, since when the petitioner was on bail during the pendency of the trial there was no occasion of such threats/influence upon the witnesses at the hands of the petitioner herein. Learned Counsel for the petitioner/convict further canvassed that the petitioner has sought the furlough leave for the first time and in fact , it is the right of the petitioner to avail the furlough leave to enable the petitioner/convict to meet his relatives.