VITTHAL SHESHRAO GAWALI Vs. D.I.G.PRISONS

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned Addl. Public Prosecutor Mrs. Tripathy waives service on behalf of both the respondents. When confronted, that the sentence was awarded only on 3rd May, 2013, learned Adv., for the petitioner submitted that the petitioner as an under trial has also undergone imprisonment and total period of which comes to more than two years and, therefore, the petitioner will not be disabled from claiming furlough leave.

(2.) Learned Adv., for the petitioner further submits that the reasons furnished for refusing furlough are not germane.

(3.) Learned APP opposed the petition and argued that the petitioner has been recently convicted and sentenced and, therefore, could not have applied for furlough at least immediately after conviction.