LAWS(BOM)-2008-8-570

SHIVKUMAR SUKHDEV WAHURWAGH Vs. DEPUTY INSPECTOR GENERAL

Decided On August 22, 2008
Shivkumar Sukhdev Wahurwagh Appellant
V/S
DEPUTY INSPECTOR GENERAL Respondents

JUDGEMENT

(1.) Heard.

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

(3.) The petitioner was acquitted by the trial Court, the acquittal was set aside by this Court and the petitioner was convicted on 22.09.2007. He is thus a life convict. Sometime in December,2007, he applied for furlough for the first time. However, by order dated 02.05.2008 the Competent Authority rejected the furlough leave to the petitioner on the ground that the family members of the deceased apprehended danger to their lives in case the petitioner is released from jail. Thus the application came to be rejected under Rule 4 (4) of the Prison (Bombay Furlough and Parole) Rules, 1959. The petitioner has challenged the said order.