AMOL SURESH GHUGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of learned counsel appearing for the parties.

(2.) By this Petition fled under Article 226 of the Constitution of India the Petitioner prays for grant of furlough. In respect of an offence that took place on 16.02.2015, the Petitioner was tried by the Sessions Court and sentenced to suffer life imprisonment for the offence punishable under Section 302 of the Indian Penal Code (' IPC ' for short) by the judgment and order dated 11.09.2019. The Petitioner is in custody for more than 5 years and 7 months. The application made by the Petitioner for furlough was rejected by the Respondent No.2 vide impugned order dated 10.09.2020. The rejection is on the ground of threat perception to the complainant and the witnesses. It is also stated that there is every possibility of the Petitioner absconding. Learned counsel for the Petitioner stated that the apprehension of the competent authority on the basis of the adverse report submitted by the concerned Deputy Commissioner of Police is unsubstantiated and without any basis.

(3.) Learned APP on the other hand supported the order passed by the competent authority rejecting furlough. He would submit that the competent authority is justifed in forming the perception that there is every possibility of Petitioner may threaten the witnesses if released on furlough.