MANOJ SHYAMLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. The learned APP waives service for the Respondent. Taken up forthwith for final hearing. The challenge in this Petition is to the order by which the application for grant of furlough leave by the Petitioner under the Prisons (Bombay Furlough and Parole) Rules, 1959 has been rejected. Perusal of the order of the Appellate Authority dated 23rd August, 2012 shows that the Appellate Authority has taken into consideration the conduct/events of the years 2008 and 2009. The ground on which the order of rejection is confirmed is that in the year 2008-2009, when the Petitioner was granted parole and furlough leave, he did not report in time, and therefore, the surety of the brother-in-law offered by the Petitioner cannot be considered.

(2.) In view of the averments made in the ground (B) of the Petition, we had called upon the learned APP to take instructions. On instructions from Shri Jasood Balkrishna Nana, Jail Officer (Grade-II), he states that in the year 2011, the Petitioner was released on furlough leave and has surrendered within the stipulated time.

(3.) Thus, notwithstanding availability of the grounds which are set out in the impugned order, in the year 2011, the Petitioner was released on furlough leave. Hence, the grounds on which the application for furlough made by the Petitioner has been rejected are totally unsustainable in law. Hence, we pass the following order:-