1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.315 OF 2011 (RAJESH DINA SAHARE..VS.. D.I.G.PRISON (E) ® & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S.Bhat, Advocate(Appointed) for Petitioner. Ms. Nandita Tripathi, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JUNE 30, 2011. Heard learned appointed Advocate for the petitioner and learned Additional Public Prosecutor for Respondents/ State. The petitioner had preferred an application for furlough. The said application came to be rejected. The contention of the petitioner is that his application for furlough came to be rejected as false report had been submitted that earlier when he was released on furlough he was involved in a case under Sections 457 and 380 of the Indian Penal Code vide Cr.No. 9 of 2009 of Bhandara Police Station. The learned Advocate submitted that the petitioner has been falsely implicated in the said case. In order to support this contention the learned Advocate for the petitioner pointed out that the First Information Report is lodged against unknown persons which according to him shows that the petitioner has been falsely implicated in the case by way of an afterthought. 2 Crime No.9 of 2009 relates to theft committed in Co-operative Bank at Dhargaon in Bhandara District. No doubt the First Information Report is registered against unknown persons but thereafter charge sheet has been filed against the petitioner as well as other accused on 22.02.2010. The case is now numbered as Regular Criminal Case No.32 of 2010 and is pending before Judicial Magistrate First Class Court at Bhandara. The fact that charge sheet has been filed against the petitioner shows that there is prima-facie sufficient material to connect the petitioner with the crime. In view of the fact that the charge sheet is filed it cannot be said that the petitioner is falsely implicated in this case. Thus it cannot be said that a false report has been filed by the police, to ensure that the petitioner is not released on furlough. We find no merit in the submission that a false report has been filed. In any event, the affidavit filed by the learned Additional Public Prosecutor shows that the application of the petitioner for furlough is pending consideration before the Deputy Inspector General of Prisons. In this view of the matter the petition is premature, hence, we are not inclined to entertain the same. The petition is rejected. Fees to be paid to the appointed counsel is quantified at Rs.One Thousand only. The same be paid to him within within six months from today. JUDGE JUDGE RR..