1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 168/2009 Laxman Chindhuji Mohod. Convict No. C: 2690, Central Prison, Amravati. ... Petitioner. VERSUS 1. The State of Maharashtra, Through D.I.G. Prisons (E)(R), Nagpur. 2. The Superintendent, Central Prison, Amravati. ... Respondents .... Mr. S.V.Sirpurkar, Advocate (appointed) for the petitioner. Mrs. Joshi, A.P.P. for the respondents. .... CORAM : A.P. LAVANDE & PRASANNA B. VARALE, JJ . DATE : 23/06/2009 JUDGMENT : (PER A.P.LAVANDE,J) Heard Mr. S.V.Sirpurkar, learned counsel appearing for the petitioner and Mrs. Joshi, learned A.P.P. for the respondents. 2 2. Rule. 3. By consent heard forthwith. 4. By this petition, the petitioner challenges the order dated 30.12.2008 passed by the respondent no.1 rejecting furlough leave to the petitioner. 5. Perusal of the impugned order discloses that the furlough leave has been rejected to the petitioner on the ground that in the police inquiry the wife of the deceased has stated that when the petitioner was on furlough leave he used to come drunk and give bad words to her and as such she was apprehending danger to her life. The second ground on which furlough leave has been rejected is that the Sarpanch of the village has also stated that there is likelihood of breach peace in the village in the event of release of the petitioner on furlough. Affidavit filed on behalf of the respondent discloses that Panchafula wife of the deceased has already left village Dhanegaon where the petitioner proposes to stay, in the event of his release and she is presently living at village Borala. 6. In view of the above and in view of the fact that the petitioner was also released on furlough and there is no evidence of any misuse of his liberty, we are of the considered opinion that the impugned order deserves to be quashed and set aside and is accordingly quashed and set aside. 3 7. In the result, petition is allowed. The order impugned is set aside. The respondent no.1 is directed to release the petitioner on furlough for the period of two weeks subject to compliance of the Prison (Bombay Furlough and Parole ) Rules, 1959 and further subject to the condition that during the period of furlough the petitioner shall report at Police Station, Pathrot, in every alternate day in between 10.00 a.m. to 12.00 p.m. during the period of furlough. The respondent no.1 shall pass order with a period of two weeks from the date of receipt of the order. 8. Rule is made absolute in the aforesaid terms. 9. The fees payable to Advocate Mr. S.V. Sirpurkar, who has been appointed to appear on behalf of the petitioner are quantified at Rs. 1000/-. JUDGE JUDGE patle