MIYAKHAN BHUREKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. N. A. Badar, the learned counsel for the petitioner and Mr. S. G. Loney, learned A. P. P. for respondents.

(2.) Rule returnable forthwith. Taken up for hearing with the consent of the parties.

(3.) The action denying a furlough to the prisoner is under challenge. The petitioner is undergoing imprisonment for life. He applied for grant of furlough leave on 17-5-2005 and the copy of the same was submitted to the Commissioner of Police, Amravati for getting prisoner's police report. The Commissioner of police forwarded adverse report to the D. I. G. Prison, Nagpur vide letter dated 24-6-2005. Considering the said report, D. I. G. Prison, Nagpur rejected petitioner's application for grant of furlough on 8-7-2005. Furlough is denied on the ground that the Additional Commissioner of Police, Amravati has given adverse report against the petitioner and on the second ground that the petitioner is involved in two more offences and they are pending before the Court. One more ground putforward while rejecting the application is that the petitioner is a harden criminal and if he is released on furlough leave there is possibility of taking revenge of the prosecution witnesses and there is also a possibility of breach of peace.