SADASHIV GANGARAM PARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was convicted by judgment dated 12.5.2003 and is a life convict. It seems that he is 66 years old and he has not availed either parole or furlough so far.

(2.) On 9.8.2006, he had applied for furlough for the first time. The said application came to be rejected by the competent authority by order dated 30.10.2006 on the ground that adverse reports were submitted by the District Magistrate & Superintendent of Police. The order further shows that, in case the petitioner is released from jail, the life of the witnesses would be endangered so also there would be danger to public peace and tranquility.

(3.) There is no material to show that because of the release of the petitioner, public peace and tranquility would be endangered. The fear expressed in the order seems to be based on conjectures and surmises. Hence the impugned order can not be sustained. We therefore, pass the following order.