1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.361 OF 2009 (Vitthal Pundlik Zendge vs. D.I.G. (Prison), Nagpur 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 7, 2009 Heard Shri Badar, learned Counsel for the petitioner, and Shri Jichkar, learned Additional Public Prosecutor for the respondents. The petition is directed against the order dated 5.6.2009 passed by the competent Authority whereby application of the petitioner for grant of furlough leave came to be rejected in view of provisions of Rule 4(4) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Shri Jichkar, learned Additional Public Prosecutor for the respondents, states that the Police conducted enquiry and during the course of enquiry 2 recorded statement of Smt. Shaida Babu Sheikh (eye witness to the incident of murder), who has expressed apprehension that if the petitioner is released on furlough leave, there will be a serious danger to her life and lives of her young children. It is submitted that in the statement it is also mentioned that when the petitioner was released on earlier occasion, he had threatened her and, therefore, she is apprehensive about the whole situation. It is further contended that on the earlier occasion when petitioner was released on furlough leave, he did not report on due date and was required to be apprehended with the help of Police. The petitioner over-stayed for 768 days. It is further submitted that adverse Police report reveals that the release of the petitioner is detrimental to the interest of the society and likely to affect public peace and tranquility. On the other hand, Shri Badar, learned Counsel for the petitioner, states that apprehension expressed by the respondents is unfounded and unjustified. We have considered the contentions canvassed by the respective Counsel for the parties. 3 It appears that before submitting adverse Police report, enquiry was conducted by the Police and statements of witnesses, who had deposed in the Court at the time of trial were also recorded. One of them is of Smt. Shaida Babu Sheikh. It appears that on the earlier occasion when the petitioner was released on furlough leave, he had extended threat to her. She was eye witness to the incident of murder and it is on the basis of her testimony coupled with other evidence, the petitioner was convicted for the offence of murder. Similarly, as per Police report, release of the petitioner is likely to affect public peace and tranquility. In the circumstances, no case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj