DISTRICT Vs. NANDED MADHAV SAYAJI REDAS

JUDGEMENT

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

(2.) The petitioner is a convict prisoner undergoing his sentence at Central Prison, Nashik Road, Nashik. The petitioner submitted an application for grant of furlough leave. By order dated 05.05.2017, it was informed to the petitioner, that his application is rejected. An appeal was filed before the appellate authority. The appellate authority also could not find any favour with the petitioner. Resultantly, the appeal was also dismissed.

(3.) Learned Counsel for the petitioner vehemently submitted that though there are as many as two basic grounds for rejection of the leave, neither of the grounds is sustainable. Learned Counsel by inviting our attention to the order at Exhibit "A", submitted that the first ground is pendency of appeal before the Hon'ble Apex Court and in view of the Government Circular dated 26.08.2016, the petitioner is not entitled for grant of leave. The second reason is, in view of the judgment of Division Bench of this Court 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, the petitioner is not entitled for grant of any leave.