ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 2340 OF 2008 WRIT PETITION NO. 2340 OF 2008 WRIT PETITION NO. 2340 OF 2008 Sandeep Eknath Dundale ...Petitioner. Vs. The State of Maharashtra & Ors. ...Respondents. Ms. Rebecca Gonsolves, advocate appointed for the Petitioner. Ms.U.V.Kejariwal, APP for the State. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 2ND FEBRUARY, 2009. : 2ND FEBRUARY, 2009. : 2ND FEBRUARY, 2009. P.C. P.C. P.C. The Petitioner-prisoner is in jail for more than 3 years. He is sentenced to suffer 7 years imprisonment under various offences including the offence under Section 307 of the I.P.C. 2. So far he has not granted furlough leave or parole. He also applied for furlough leave for the first time which was rejected on the ground that the police has expressed their opinion that if the prisoner is released, there may be a danger to the life of the complainant and his family and there is a breach of public peace. This is a standing ( 2 ) objection which are taken by the police in each case. There is no basis for such assumption. 3. Therefore, we allow the Writ Petition and directed the Respondent that the prisoner be released on furlough leave for 15 days subject to usual terms and conditions. 4. With the above observations, the Writ Petition is disposed of. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)