LAWS(BOM)-2014-8-246

ABDUL GANI ISMAIL TURK Vs. STATE OF MAHARASHTRA

Decided On August 25, 2014
Abdul Gani Ismail Turk Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE . Rule returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) BY present writ petition, the petitioner is questioning correctness of order passed by D.I.G. (Prisons) dated 06.01.2013, together with the order dated 13.03.2014 by appellate authority, by which his application for furlough leave was rejected.

(3.) RULE 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 deals with the categories of prisoners, who shall not be considered for release on furlough. These rules were amended and sub rule (13) was introduced by the State Government in exercise of its powers available to the State. Sub rule (13) of Rule 4, which is relevant for decision of the present writ petition is reproduced as under: