NAGNATH BAPURAO SONTAKKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The challenge in this petition is to the order dtd. 25/12/2022, refusing to grant furlough leave to the petitioner. The grounds for rejection are (i) the crime for the offences under Sec. 377 of I.P.C has been registered against the petitioner, (ii) police report being adverse, (iii) the petitioner's mother being old aged may not be in a position to control the behaviour of the petitioner for grant of furlough leave to him and (iv) the petitioner's behaviour in jail found to be not satisfactory.

(3.) The learned A.P.P. draws our attention to the F.I.R. dtd. 15/5/2020 registered against the petitioner. He would submit that if the petitioner is granted furlough leave, he may commit similar offences with persons in the society. He would further submit that the petitioner's mother being old aged would not have control over the petitioner's behaviour. The mother would therefore, not be a fit surety for release of the petitioner. He draws our attention to Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959. According to him, the police report is also adverse. The petitioner's conduct in the prison was not satisfactory.