SHARAD BHIKU MARCHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has filed this writ petition principally for two reliefs viz. , (1) the order passed by respondent No. 3 refusing furlough to the petitioner be quashed and set aside and (2) an appropriate writ, order or direction be issued directing the second respondent to release the petitioner on furlough.

(2.) THE present petition is filed under Article 226 of the Constitution of India. The first respondent is the State of Maharashtra. The second respondent is the Superintendent, Bombay Central Prison, Arthur Road. Bombay where the petitioner is presently detained. The third respondent is the sanctioning authority vested with the power to grant furlough to the convicted prisoners under the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as the Rules.)

(3.) IN order to appreciate rival contention, we may summarise the facts of the present case as under:---The petitioner was tried in Session case No. 27 of 1980 in the Sessions Court at Bombay for an offence punishable under section 302 of the I. P. C. The learned Session Judge vide his judgment and order dated 10th March, 1981 convicted the petitioner for the charged offence and sentenced him to suffer R. I. for the life. The petitioners Criminal Appeal No. 574 of 1981 was dismissed by this Court on 25-4-1984. Against the judgment and order of this Court, Mr. Gawankar informs us that the petitioner has filled the appeal in the Supreme court which is pending for hearing and final disposal. Better particulars however, could not be furnished by Mr. Gawankar. There does not seem to be any dispute that the petitioners appeal in pending in the Supreme Court.