287wp206.09.sxw 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.206 of 2009 (Laxman Kodu Nagarkar .vs. State and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha & P. B. Varale, JJ. Date : 28/07/2009. Heard Mr. V. A. Dhabe (appointed) for petitioner and Mr.A.M.Deshpande, Additional Public Prosecutor for respondents. This petition is directed against the order passed by the competent Authority whereby the Criminal Application of petitioner for grant of furlough leave came to be rejected. Counsel for petitioner has submitted that petitioner is eligible under the rules to get the furlough leave; however, merely, on the basis of surmises, police have submitted adverse police report and therefore, the competent Authority has rejected the application of petitioner for grant of furlough leave. It is, therefore, contended that the impugned order is not sustainable in law. The Additional Public Prosecutor, on the other hand, has submitted that, in the instant case, petitioner is undergoing 287wp206.09.sxw 2 . sentence for the offence punishable u/s. 376 of the Indian Penal Code. It is contended that police have conducted inquiry and also contacted prosecutrix and her father as well as other people in the village Bhagi. During the course of inquiry, police came to the conclusion that release of petitioner on furlough leave is not only likely to endanger lives of prosecutrix as well as her father, but there is also likelihood of breach of public peace in the area. We have considered the contentions canvassed by the respective counsel and perused the impugned order. It is not in dispute that, the prosecutrix, at the time of commission of offence, was minor. There is no reason for us to disbelieve the adverse report submitted by police. During the course of enquiry, it is revealed that release of petitioner is not only likely to cause serious problem to the prosecutrix and her father, but the same may also disturb public peace and tranquility. In the circumstances, no case is made out for showing indulgence. Hence, the Criminal Writ Petition No. 206 of 2009 is dismissed. JUDGE JUDGE jais