AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.140 OF 2010 Rauf Sherbahadur Khan ... Petitioner Vs. The State of Maharashtra. ... Respondents Ms. Indu Varma, appointed advocate for the petitioner. Ms. P.H. Kantharia, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 5TH FEBRUARY, 2010. P.C.:- 1. The petitioner is a life convict. He is lodged in Nashik Road Central Prison. His furlough application is rejected. Therefore, he has filed this petition. 2. We have heard learned counsel appearing for the petitioner, who submitted that the petitioner has no antecedents and his furlough application is rejected on AJN 2 flimsy grounds. Learned A.P.P. on instructions from Mr. H.B. Kunte, Jailer-I, Office of the Superintendent, Central Jail, Nashik Road and Mr. D.M. Mhoske, Naib Tahsildar, Office of the Divisional Commissioner, Nashik Division, Nashik, states that there are two cases pending against the petitioner under Sections 323 and 326 respectively of the Indian Penal Code. He submitted that the police have sent adverse report against the petitioner that if the petitioner is released on furlough leave, he is likely to abscond. The petitioner is in jail for about five years and nine months. The contention that the petitioner has no antecedents is incorrect. There are two cases pending against the petitioner. 3. We have read the adverse police report. The report indicates that the police have conducted an indepth inquiry. It appears from the police report that there was an attempt to threaten and physically harm the witnesses by the associate of the petitioner. The petitioner is convicted for murder of members of Vishwa Hindu AJN 3 Parishad. It is stated in the police report that if the petitioner is released on furlough, there is a possibility of communal riot. Considering the fact that two cases are pending against the petitioner in our opinion, no interference is necessary with the impugned order rejecting his furlough application. 4. The petition is rejected. 5. This order may be communicated to the petitioner in jail. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]