LAWS(BOM)-2020-10-127

MANGESH DATTA GADE Vs. STATE OF MAHARASHTRA

Decided On October 15, 2020
Mangesh Datta Gade Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

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

(2.) The Petitioner by this Petition fled under Article 226 of the Constitution of India and under Section 482 of Code of Criminal Procedure, 1973 challenges the order dated 30.01.2020 passed by the Additional Director General of Police and Inspector General of Prisons, Maharashtra State, Pune-1 rejecting the request made by the Petitioner for release on furlough.

(3.) The facts of the case in brief are as under :- The Petitioner is the original accused No.3 in C.R. No.92 of 2014 which culminated in Sessions Case No.423 of 2014. The crime was investigated by the Senior Inspector of Police, Chaturshrungi Police Station. The Petitioner along with other co-accused were tried together for ofences punishable under Section 302 r/w 34 of IPC , 4(25) of Arms Act and Section 37(1)(a) and 135 of Bombay Police Act. By judgment and order dated 27.02.2017 the Additional Sessions Judge, Pune convicted the Petitioner for an ofence punishable under Section 302 r/w 34 of IPC and sentenced him to sufer life imprisonment. Criminal Appeal No.377 of 2017 fled by the Petitioner challenging the judgment and order of the trial Court is pending in this Court.