SITARAM DADA SARODE 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. C-8996 is challenging the order dated 03.04.2017, passed by respondent no.03 i.e. Deputy Inspector General of Prisons, Aurangabad, thereby rejecting application made by the petitioner seeking furlough leave. The petitioner has also challenged the order dated 28.08.2017, passed by respondent no.02 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 seeking 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 of the leave is, in view of the ratio laid down in the judgment of this Court delivered at principal seat, in Criminal Writ Petition No. 4017 of 2016, in the matter of Smt. Rubina Suleman Memon Vs. The State of Maharashtra & others, dated 22nd December 2016, the petitioner is not entitled for furlough leave. The last ground mentioned is, there is no recommendation of the Jail Superintendent.