Inthis writ petitionchallenging rejection of furlough by DIG (Prisons), the Court examined adverse reports. The petition was rejected without appreciation on merits.
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HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 1727 OF 2007.
Ramesh Marutrao Pawar. ..Petitioner.
Versus.
State of Maharashtra. ..Respondent.
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Ms. Rebecca Gonsalves for the petitioner.
Ms. A. S. Pai APP for the State.
CORAM: S. B. MHASE &
SMT. V.K.TAHILRAMANI,JJ.
DATE: DECEMBER 12, 2007.
P.C.
1. Heard. This is a petition challenging the
order passed by the DIG (Prisons) Western Region
refusing to grant furlough.
2. Furlough has been rejected on a ground that a
report of the DSP / Collector, Kolhapur is adverse to
the petitioner. So also on the grounds that earlier
when the petitioner was released on furlough he has not
surrendered in due time, and on the contrary for 202
days he has enjoyed illegal freedom and ultimately he
was arrested by the police, and in view of the
directions given by the High Court in Writ Petition Nos.
1624 of 2004, 3019 of 2005 and 375 of 2006 he is not
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entitled for furlough, and that there is an application
by Sanjay Dinkar Bhopale and others that there is a
danger to their life from the petitioner. So also
against the accused-petitioner there are 13 offences
registered and in some of them trial is pending. We
find taking into consideration the reasons assigned by
the authority - DIG (Prison), that the said authority is
justified in not granting the furlough to the
petitioner. We also feel looking to the earlier conduct
of the petitioner that if he is released on furlough he
may not surrender and return to the jail authorities and
will mis-use the order of furlough. Therefore, we
refrain to entertain the petition. Petition is
rejected.
(SMT. V.K.TAHILRAMANI,J.)(S.B.MHASE, J.)
:sachin/2007/vkt/..
2 issues framed by the court
Whether the petitioner is entitled to furlough in view of adverse authorities and prior conduct.
Whether the High Court should entertain a petition challenging rejection of furlough.
Colour shows how this judgement treated each authority
Writ Petition Nos. 1624 of 2004, 3019 of 2005 and 375 of 2006Referred¶15
Ramesh Marutrao Pawar
State of Maharashtra
S. B. MHASE
SMT. V.K. TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court