PRATAP TUKARAM GODSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed seeking the following substantive reliefs:

(2.) By this petition, the petitioner has challenged the orders dated 5.3.2020 and 8.9.2020 passed by Respondent Nos.2 and 3 respectively. The petitioner 's case is that he was arrested in relation to C.R. No.82 of 2007 registered with Sakinaka Police Station, Mumbai for the offences punishable under sections 302, 325 and 120 (b) of the Indian Penal Code. He was granted bail by the Sessions Court, Mumbai on 30th November, 2007. However, the Crime Branch Unit No.3 reinvestigated the case and invoked the Maharashtra Control of Organised Crime Act, 1999 and arrested the petitioner on 20th May, 2008. Thereafter, the Special Judge (MCOC) convicted the petitioner in the said case for the offences punishable under sections 3(1)(i), 3(1)(ii), 3(2) and 3(4) of the MCOC Act and sentenced the petitioner to life imprisonment. Against the said judgment of the Sessions Court, the petitioner had preferred a Criminal Appeal before this Court, however, the said Appeal was dismissed. The petitioner challenged the same in the Supreme Court by filing SLP (Cri.) No.003920 of 2020, which is pending.

(3.) On 10th April, 2013, pursuant to his application, the petitioner was granted parole leave by the competent authority of the prison. However, the petitioner did not report back to the jail in time. Therefore, pursuant to a complaint lodged with Bhayandar Police Station being FIR No.236 of 2013, the petitioner was arrested and was handed over to the Nashik Central Prison on 14.2.2015. Thus, the petitioner had jumped parole leave granted to him by 602 days for which a show-cause notice was issued by the prison authorities and on 4.6.20215, a punishment of indefinite exclusion/ deduction of remission was imposed on the petitioner. Thereafter, the petitioner filed an application for furlough leave which was rejected on 11.7.2016. Similar applications made by the petitioner for furlough leave were rejected on 28.9.2017, 2.4.2019 and 5.3.2020. Being aggrieved, the petitioner filed Criminal Writ Petition No.5132 of 2018 in this Court. The said petition was disposed off by this Court (Coram: B.P. Dharmadhikari and N.R. Borkar, JJ.) by order dated 21.2.2020 by observing that the orders imposing the punishments were not made available by the prisoner (petitioner) and thus, granted liberty to the petitioner to apply again for leave in accordance with law. Accordingly, a fresh application was preferred by the petitioner for furlough leave, however, the said application was rejected on 5.3.2020. Hence, this petition.