SATISH SHANKARRAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent, heard both the sides for fnal disposal.

(2.) The frst proceeding is fled by the prisoner to challenge the order made by respondent No.2 i.e. Dy. Inspector General of Central Prison, Aurangabad dated 27.06.2019. By this order, the application fled by the petitioner for furlough is rejected, on the ground that there is adverse police report and also on the ground that in the year 2006, when he was released on furlough he turned up late by 802 days and on second occasion, in the year 2012 when he was released on furlough he turned up late by 580 days. On both the occasions, he was required to be arrested by the police to bring them back to the prison and it is observed that there is possibility that he may not turn up for under going remaining period of the sentence, if he is released on furlough. The ofcer has referred Rules 4(4) 4(10) 4(20) of Maharashtra Prison Rules, 1979.

(3.) In Writ Petition No. 1707 of 2019 furlough application of the petitioner is rejected by the authority, by the order dated 14.08.2019. In the rejection order the ofcer has mentioned the same rules. This prisoner had turned up late by 170 days when he was released on furlough leave in the year 2012, he was also required to be arrested by the police for bringing him back to the prison. In this case also there is adverse police report.