(1.) Heard.
(2.) The petitioner convict (C10213), namely, Bhatusing Virangaya Raotale, is before this Court challenging the order dated 05.05.2017 passed by respondent no.02 Dy. I.G. of Prisons, Aurangabad, thereby rejecting the prayer of the petitioner for grant of furlough leave. The petitioner has also challenged the order dated 13.09.2017 passed by the Addl. D.G.P. & I.G. of Prisons, Pune, thereby rejecting the appeal filed by the petitioner.
(3.) Perusal of the material placed on record show that the prayer for furlough leave was rejected on many fold grounds. These grounds are, (1) an appeal filed by the petitioner is pending before this Court, (2) the petitioner is not entitled for the said benefit in view of 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,2017 1 AirBomR(Cri) 764 (Bom) on 22nd December and (3) there is no recommendation of Superintendent of Jail.