VIJAY GULABRAO LODAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Badar, learned Counsel for the petitioner and Shri Jaiswal, learned A.P.P. for the respondents.

(2.) Rule returnable forthwith. Heard finally by consent of the parties.

(3.) By this petition, the petitioner challenges order dated 27.11.2007 by which application dated 31.8.2007, seeking furlough leave, filed by the petitioner has been rejected by the Competent Authority on the ground that on earlier occasions when the petitioner was released on furlough, he had surrendered late and on one occasion the petitioner had to be arrested after 202 days. The petition filed on behalf of the petitioner discloses that the petitioner was released on furlough on 18.1.2000 and he surrendered on due date. Again on 12.2.2002, he was released on furlough and he surrendered late by one day. The petitioner was again released on furlough on 1.3.2003 and he surrendered late by 19 days. The petitioner was again released on parole on 20.5.2003 and he surrendered late by 202 days and he was arrested by the Police. Thereafter, the petitioner filed applications for furlough in the years 2005-06 and 2007, which were rejected by the Competent Authority on the ground that on earlier occasions the petitioner had not surrendered in time and on one occasion, the petitioner had to be arrested.