MAHESH M. TARI Vs. INSPECTOR GENERAL OF PRISONS

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Additional Public Prosecutor waives service.

(2.) The petitioner is challenging the order dated 26/4/2017 passed by the respondent whereby the application for release on furlough filed by the petitioner has been rejected. The sole ground on which the application has been rejected is that the Superintendent of Police, South Goa, reported that when petitioner was released on furlough on previous occasion i.e. on 2/9/2016 the petitioner had committed breach of the conditions by "harassing, mocking and glaring angrily at the complainant Ms. of Smt. Anushaya Tari." This is the only ground for rejection of the furlough.

(3.) On hearing the learned counsel for the petitioner and the learned Public Prosecutor, we are of the view that the nature of the allegations made against the petitioner are not sufficient to refuse furlough. We find that the apprehension expressed by the respondent, about the petitioner indulging in some aggressive behaviour can be taken care by imposing appropriate conditions. That apart, the petitioner has stated that during the period of furlough he will be staying with his niece at Sanguem. The complainant/witness Anushaya Tari resides at Shiroda. In such circumstances, the following order is passed:ORDER