RAJESH NARAYAN TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) The petitioner was arrested on 10.7.1993 and was convicted for the offence punishable under Section 302 of the Indian Penal Code by judgment dated 31.1.1997 by the Sessions Judge, Bombay. Thus he is a life convict.

(3.) It seems that after some years he was transferred from Mumbai Jail to Nagpur Jail. Sometime in May 2007 he applied for furlough leave. However, by order dated 2.5.2008 the application was rejected on four grounds : i) that, in the past, when he was released on furlough, he did not surrender on due date and was late in surrender, ii) that, the petitioner was directed to report to the local Police Station daily but he never reported, iii) that, the release of the petitioner would endanger public peace and tranquility and iv) that, the proposed surety is unable to control the petitioner. The petitioner has challenged the said order.