HARIPRASAD AMRUTA MANDALE Vs. STATE OF MAHARASHTRA AND ANOTHER
HIGH COURT OF BOMBAY
Hariprasad Amruta Mandale
STATE OF MAHARASHTRA AND ANOTHER
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S. S. Shinde, J. -
(1.) Rule. Rule returnable forthwith. By consent of parties, Petition is heard finally.
(2.) This Petition seeks relief vide Prayer Clause "B" as under :
"B] By issuing writ of certiorari or in like nature the order, dated 07/04/2017 passed by respondent No.2 rejecting the appeal filed by petitioner for his furlough leave may kindly be quashed and set aside and respondent be directed to release the petitioner on furlough leave."
(3.) Learned counsel appearing for the petitioner submits that the application of the petitioner to release him on furlough has been rejected on the basis of adverse report of Sub-Divisional Police Officer, Omerga. There is no recommendation by Superintendent of Jail and thirdly, the appeal filed by petitioner against conviction is pending before the High Court. Learned counsel submits that none of the grounds is sustainable. In support of his contention that merely because appeal is pending before the High Court, could not have been ground to reject the application of the petitioner to release him on furlough. He placed reliance upon unreported judgment of this Court in the case of Criminal Writ Petition No.1104/2017 in the case of Dinesh s/o Sahebrao Kadam v. State of Maharashtra and another, in Criminal Writ Petition No.1104/2017 pronounced on 13/10/2017. It is submitted that when petitioner was earlier released on parole, he reported back to jail within time.;
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