w758-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.758 OF 2010 Marote Piraji Bhaskare. ..Petitioner. Versus State of Maharashtra and 2 others. ..Respondents. .... Mrs.Sarojani Upadhyay, Advocate for the petitioner. Mrs.M.M. Deshmukh, A.P.P., for the Respondents - State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 27TH APRIL, 2010 ORAL ORDER (PER A.R.JOSHI,J.) 1. Heard rival submissions for some time. It is the Petition for grant of furlough leave and for setting aside the order dated 27th November, 2009 passed by the Competent Authority rejecting the furlough. The present petition is preferred by the petitioner, a life convict convicted for the offence of murder. The petition is sent through Nashik Central Prison. 2. We have gone through the grounds mentioned in the impugned order. From the said grounds, it is ascertained that as per the police report from the Superintendent of Police, Nanded the petitioner is potential danger to the wife and small children of the deceased. The said deceased was killed by the petitioner w758-10 2 and for which the petitioner was convicted for the offence punishable under Section 302 of Indian Penal Code. It appears from the police report that the petitioner has created a terror atmosphere in the village of his stay and is addicted to consume liquor and giving threats to the wife of the deceased as to killing her two children. It is further mentioned in the impugned order that considering the conduct of the petitioner, his release on furlough would propagate the breach of peace and commission of serious offence in the locality where he would stay if released. It is also a reasonable apprehension of the Competent Authority that if released on furlough he may not return to the jail. 3. Considering the peculiar circumstances mentioned in the police report and in the impugned order, we are of the view that the petitioner is not entitled for the relief as claimed. However, in future, after six months time, he may apply for suitable relief and such application may be accordingly dealt with by the Competent Authority as per the circumstances then prevailing. 4. In view of the above, present writ petition is dismissed and accordingly disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)