-1- IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 65 OF 2008 Shri Sanjay Gadekar, Convict no. 816 Presently serving sentence at Central Jail Aguada Sinquerim-Goa. ...... Appellant/Petitioner V e r s u s 1. State of Goa (through under Secretary Home Department) Alto Porvorim Goa). 2. The Inspector General of Prison Collectorate building, North Goa, Panaji Goa. 3. The Superintendent, Central Jail Aguada, Goa. ...... Respondents Ms. Asha Dessai, Advocate for the Petitioner. Ms. W. Coutinho, Public Prosecutor for the State/Respondents. CORAM: A. P. LAVANDE, J. DATE : 8 th December, 2008. ORAL JUDGMENT Heard Ms. Dessai for the Petitioner and Ms. Coutinho for the Respondent. 2. Rule. By consent heard forthwith. -2- 3. By this Petition, the Petitioner challenges order dated 10.07.2008 passed by the Respondent no.2 rejecting the application for release on Furlough. The only grounds on which the application has been rejected are that Villagers are happy to see the Petitioner/prisoner punished for an offence committed by him and they have opposed the release of the Petitioner on Furlough. It has been further mentioned that there is likelihood of Petitioner taking revenge and untoward incident is likely to occur. 4. The Petitioner was convicted for having committed offence under Section 302 I.P.C. The offence for which the Petitioner was convicted and sentenced, was committed at Canacona and, according to the respondents, most of the witnesses are from Canacona. The Petitioner is an ordinary resident of Ponda. As such, the apprehension expressed by Respondent no.2 that the Petitioner may take revenge against the witnesses can be taken care of by imposing appropriate conditions. The Petitioner has been in jail for a period of over five years and the Petitioner has not been released either on parole on a single occassion. 5. Considering the above circumstances, I am of the opinion that the impugned Order deserves to be quashed and set aside and, is accordingly quashed and set aside. The Respondent no.2 is directed to release the Petitioner on Furlough for a period of two weeks, subject to the Petitioner complying with the Rules and subject to the conditions that he shall not enter Canacona during the period of Furlough and the Petitioner shall report at Ponda Police Station every alternate day between 10.00 a.m. to 11.00 a.m. during the period of furlough. -3- 6. Rule is made absolute in the above terms. A. P. LAVANDE, J. arp/*