DUMYA ALIAS LAKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

(2.) This Petition takes exception to the order dated 10th July, 2018 passed by the Deputy Inspector General of Prisons, Central Region, Aurangabad, thereby rejecting the request of the Petitioner to release him on furlough.

(3.) It is the case of the Petitioner that the he has been convicted by the Special Judge, MCOC Act, Aurangabad by order dated 31st July, 2014, passed in Special Case No.10 of 2009, for the offence punishable under Section 395 read with 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years. The Petitioner has also been convicted for the offence punishable under Section 3(1)(ii) of the MCOC Act read with 120-B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years. All the sentences are directed to be run concurrently. Yet in another sessions case, the Petitioner has also been convicted by the Additional Sessions Judge, Barshi by order dated 7th October, 2016, passed in Sessions Case No.86 of 2014, for the offence punishable under Section 325 read with 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years. Presently the Petitioner is lodged in Central Prison, Aurangabad, and till today the Petitioner has undergone 9 years and 6 months of imprisonment.