MOHAMMED MAJID MOHAMMED SHAFI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On the earlier date, the parties were put to the notice that the Petition will be taken up for the final disposal.

(2.) In exercise of the powers under Clauses 5 and 28 of Section 59 of the Prisons Act, 1984 (for short, "the Prisons Act"), the Prisons (Bombay Furlough and Parole) Rules, 1959 (for short, "The said Rules of 1959") have been framed.

(3.) This Bench has dealt with large number of Writ Petitions challenging the Orders of the Competent Authorities as well as the Appellate Authorities refusing to grant either furlough or parole. We have noticed that in most of the cases, the Appeals are disposed of by the Appellate Authority and especially when the Appellate Authority is the State, in a most cryptic manner. We had called upon the learned APP to produce the file in the present case and we had also requested the learned Public Prosecutor to remain present and assist the Court.