RAJESH NARAYAN MESEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who is undergoing sentence in Central Prison, Nagpur has filed this petition under Article 226 of the constitution of India for his release on furlough or parole.

(2.) IT is stated in the petition that the petitioner was arrested on 18.3.1994 and since then he is in jail. The petitioner had applied to the competent authority for furlough leave, but the competent authority rejected petitioner's application by the order dated 25.4.1996 because of adverse police report.

(3.) THE question is, whether there was sufficient material before the competent authority for rejection of the application. In para 7 of the submissions filed by the respondent/state, it is made clear that the relatives of the prisoner's wife, complainant and the witnesses are residing near the house of the prisoner and there is enmity between them. THE prisoner's brothers are also facing trial in Court in Crime NO. 841/94 under section 302 read with section 34 of Indian Penal Code. THEre is danger to the life of complainant and the witnesses on whose statements the prisoner has been convicted. THEre is every possibility of breach of peace if the prisoner is released on furlough. THE District Magistrate, Wardha, has agreed to the opinion of Superintendent of Police, that there is every possibility of breach of peace in case of release of the petitioner. We, therefore, hold that there was sufficient material before the competent authority to reject the application of the petitioner for furlough.