LAXMAN RAGHUNATH NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The challenge in this petition is to the order dated 20-05-2021 passed by the respondent no.1 Deputy Inspector General of Prison (Eastern Region), Nagpur, whereby the application of the petitioner for his release on furlough for a period of 21 days came to be rejected. The application came to be rejected on the ground that the informant and witnesses of the crime, in which the petitioner is undergoing sentence, expressed apprehension to their life if the petitioner is released on furlough leave. We have perused the record and also considered the submissions made on behalf of both the sides.

(3.) At the outset, it is not disputed that the petitioner who is a life convict for the offence of murder is eligible for grant of furlough leave as per the Prisons (Bombay Furlough and Parole) Rules, 1959. Admittedly, as of now he has already undergone three years of imprisonment, which is a condition precedent for grant of first furlough leave as per Rule 3 (C)(1) of the said Rules.