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2007 DIGILAW 203 (BOM)

Sadashiv s/o Gangaram Parate v. State of Maharashtra

2007-02-14

K.J.ROHEE, S.R.DONGAONKAR

body2007
ORAL JUDGMENT : [PER: K.J. ROHEE, J.. Rule. Returnable forthwith. Heard finally by consent of parties. 1. The petitioner was convicted by judgment dated 12.5.2003 and is a life convict. It seems that he is 66 years old and he has not availed either parole or furlough so far. 2. On 9.8.2006, he had applied for furlough for the first time. The said application came to be rejected by the competent authority by order dated 30.10.2006 on the ground that adverse reports were submitted by the District Magistrate & Superintendent of Police. The order further shows that, in case the petitioner is released from jail, the life of the witnesses would be endangered so also there would be danger to public peace and tranquility. 3. There is no material to show that because of the release of the petitioner, public peace and tranquility would be endangered. The fear expressed in the order seems to be based on conjectures and surmises. Hence the impugned order can not be sustained. We therefore, pass the following order: 4. Petition is allowed. Impugned order dated 30.10.2006 is quashed and set aside. The competent authority is directed to release the petitioner on furlough leave for 15 days on furnishing security to its satisfaction. Rule made absolute in the aforesaid terms.