1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.340 OF 2009 (Narendra Babasingh Parihar vs. State and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : AUGUST 13, 2009 Heard Ms. Tejwani, learned Counsel for the petitioner, and Shri Fulzele, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 17.2.2009 whereby competent Authority has rejected application of the petitioner for grant of furlough leave. The following facts are not in dispute : Initially, the petitioner was prosecuted for committing murder vide Crime No.201/2002. The petitioner was granted bail during pendency of trial of the said crime. While petitioner was on bail, he 2 committed another murder, for which he was prosecuted and convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life, which he is undergoing in Central Prison, Amravati. During the course of enquiry conducted by Police, complainant and his wife as well as other witnesses have expressed that petitioner being a dangerous man, if released on furlough/parole leave, there will be danger to their lives. Similarly, Police is of the view that release of petitioner would affect peace and tranquility and, therefore, in view of Rule 4(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959, the application of the petitioner came to be rejected. In the backdrop of above facts, we are of the view that no case is made out for showing indulgence. The criminal writ petition is dismissed. JUDGE JUDGE khj