SANJAY KISAN KADSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of shri Jaiswal, learned Counsel for the petitioner, and Shri Sonare, learned additional Public Prosecutor for the respondents.

(2.) SHRI Jaiswal, learned Counsel for the petitioner, states that the petitioner is undergoing sentence of life imprisonment in the Central Prison, amravati. The petitioner applied for furlough leave to the Competent Authority and same is rejected vide order dated 5-7-2003 on the basis of adverse police report. It is contended that adverse police report is simply based on the statements of the persons, who were examined by the prosecution as prosecution witnesses in the criminal trial of the petitioner. It is further contended that this cannot be a ground for rejecting the furlough leave application and the order of rejection of furlough leave application passed by the competent Authority is not sustainable in law as the contingencies, which are required to be considered while deciding the furlough leave application are mentioned in Rule 4 of the Prison (Bombay Furlough and Parole) Rules, 1959. It is, therefore, contended that petitioner be released on furlough leave.

(3.) SHRI Sonare, learned Additional Public Prosecutor for the respondents, does not dispute the factual aspect of the matter and states that during the course of police enquiry, statements of Jayant Jaisingapure, Smt. Vithabai singsarve, Smt. Sandhya Ghavan and Smt. Sangeeta Jaisingpure, who were examined by the prosecution as prosecution witnesses in the trial of the petitioner, were recorded. It is contended that all these witnesses are related to each other and have expressed in their respective statements the apprehension that if petitioner is released on furlough leave, there is a likelihood of danger to their lives and properties. It is further contended that police has, therefore, submitted an adverse police report to the Competent Authority and the Competent Authority on the basis of the said adverse police report, rejected the application of the petitioner for furlough leave.