BHARAT MAHADEO KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

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

(3.) IT seems that the order rejecting the application for furlough is based on the report of the Superintendent of Police Buldana, dated 22.10.2007, which is to the effect that in case of release of the petitioner, he is bound go to his field which is adjacent to the field of the complainant and again quarrel may take place in between them and as such there is danger to the life of the complainant. Now what is required to be considered by the competent authority while deciding an application for furlough is, whether the recommending authority does not recommend the release of the petitioner on the ground of public peace and tranquility. In the present case the report of Superintendent of Police does not at all show that he has any objection for release of the petitioner on the ground that there would be danger to public peace and tranquility. As such the competent authority was not justified in rejecting the application of the petitioner for furlough. The said order is thus illegal and cannot be upheld.