GAJANAN EKNATH MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith.

(2.) HEARD Mr. Jaiswal, learned Advocate for the petitioner and Mr. Loney, learned A. P. P. for State.

(3.) THE writ petition is directed against the order dated 6-5-2003 passed by the competent authority whereby the request of furlough leave made by the petitioner was rejected in view of sub-rule (4) Rule 4 of Prison (Bombay Furlough and Parole) Rules 1959. Learned counsel for the petitioner states that there is nothing to show that the release of the prisoner on furlough leave could result in breach of public peace and tranquillity. It is contended that the adverse police report dated 1-4-2003 was submitted, in view of the functions of the Dr. Ambedkar Jayanti as well as Mahavir Jayanti which were scheduled to take place at the relevant time and therefore the opinion was expressed by the police that there was likelihood of breach of peace and tranquillity. However, that situation no more exist and therefore, that cannot be a ground now to reject the request of the petitioner for furlough leave.