AKASH PANDURANG JAHIRE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel (appointed) for the petitioner and the learned Addl. Public Prosecutor for the respondents.

(2.) By the present petition, the petitioner convict No. C9605 is challenging the order dated 05.04.2017, passed by respondent No.3 i.e. Deputy Inspector General of Prisons, Aurangabad, thereby rejecting the application made by the petitioner seeking furlough leave. The petitioner has also challenged the order dated 01.09.2017, passed by respondent No.2 i.e. Addl. D.G.P. & Inspector General of Prisons, Pune, thereby rejecting the appeal preferred by the petitioner.

(3.) The prayer of the petitioner for furlough leave was rejected on the ground that the appeal preferred by the petitioner against his conviction and sentence is pending before this Court. The next ground for rejection is, in view of the judgment of this Court delivered at principal seat, in Criminal Writ Petition No. 4017 of 2016, in the matter of Reported in Smt. Rubina Suleman Memon v. The State of Maharashtra & others,2017 1 AIRBomR(Cri) 764 dated 22nd December, 2016, the petitioner is entitled for furlough leave. The last ground mentioned is, there is no recommendation of Jail Superintendent.