(1.) Rule. Rule made returnable forthwith. The learned Public Prosecutor waives service for the respondent. Heard finally by consent of the parties.
(2.) By this petition, the petitioner is challenging the order dated 10/10/2016 by which the first respondent had refused to release the petitioner on furlough.
(3.) Shri T. George John, learned Counsel on behalf of the petitioner contended that the sole ground on which the relief of furlough was denied was on the premise that there was an unfavorable report received from the Superintendent of Police, Dharwad. There was a similar order of refusal of furlough on an earlier occasion when this Court in Criminal Writ Petition No.174 of 2015 had granted the relief so denied on the similar ground vide Order dated 16/12/2015. There was no basis to refuse his release on furlough and the relief had to be granted in his favour.