ROSHAN ALIAS CHINI DANICHAND THAKUR Vs. STATE OF MAHARASHTRA, THROUGH HOME DEPARTMENT, THROUGH ITS CHIEF SECRETARY
HIGH COURT OF BOMBAY
Roshan Alias Chini Danichand Thakur
State Of Maharashtra, Through Home Department, Through Its Chief Secretary
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S.S. Shinde, J. -
(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 20th May, 2017 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 herein that he applied for furlough, however, by the impugned order his application has been rejected. In the impugned order it is observed that, the report given by the Deputy Superintendent of Police, Palghar is adverse. Secondly, if the Petitioner is released on furlough there may be danger to the life of the family members of the informant and also the witnesses. Thirdly, as the appeal filed by the Petitioner challenging the conviction and sentence, is pending before the High Court, in view of the Notification dated 26th August, 2016 issued by the Home Department, State of Maharashtra, furlough cannot be granted.
Fourthly, furlough cannot be granted to the Petitioner in view of the order passed by the High Court in Writ Petition No.4017 of 2016 (Smt. Rubina Suleman Memon vs. The State of Maharashtra and others). Accordingly, by invoking the provisions of Rule 4(4), 4(11) and 4(17) of Chapter 37 of the Prisons (Bombay Furlough and Parole) Rules, 1959 (for short "the Rules of 1959), the application of the Petitioner has been rejected.;
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