239wp481.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.481 of 2009 (Dalsu Pedu Gawande .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 and P.B.Varale, JJ. Date : 23/09/2009. Heard Mr. Waranashiwar, Adv. (appointed) for petitioner and Mr.A.S.Fulzele, Additional Public Prosecutor for respondents. This petition is directed against the order dt. 7.3.2009 passed by the competent Authority whereby the application of petitioner for grant of furlough leave came to be rejected on the ground of adverse police report as well as in view of Rule 4 (4) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Considered the rival contentions and perused the impugned order as well as the adverse police report. The adverse police report shows that the petitioner killed his ten months old daughter by an axe and also wanted to kill his wife. The petitioner is a person having criminal tendency. The 239wp481.09.odt 2 . statements of Sarpanch and other relatives were recorded by the police during the course of inquiry and it is revealed that, if the petitioner is released on furlough leave, there is danger to their lives and there is a possibility of breach of peace and tranquility. During the course of inquiry, it is also revealed that, after conviction, the petitioner has extended threats to his wife and other relatives. It is in such a situation the competent Authority rejected the application of the petitioner for grant of furlough leave; in our view, rightly so. No case is made out for showing indulgence. Hence, the Writ Petition is dismissed. JUDGE JUDGE jais