KBP 1 cr.wp.3131-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3131 OF 2011 Bharat Mahadeo Upase .. Petitioner Vs The State of Maharashtra and ors. .. Respondents -- Mr.Raju Yamgar, amicus curiae for the petitioner. Ms.M.H.Mhatre, APP for respondent State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 18 th NOVEMBER, 2011 P.C.: This letter petition is received through jail. The petitioner has challenged order passed by the Addl. Commissioner of Police (Crimes-2) dated 15 th January, 2011 whereby, the petitioner’s request for granting him furlough leave has been rejected. The primary concern of the competent Authority appears to be that if the petitioner is released on furlough leave, there is possibility that he would visit Amravati and, in that case, a dispute may erupt between the KBP 2 cr.wp.3131-11.odt petitioner and relatives of the deceased staying at Amravati. The conclusion so reached is on the basis of presumptions and assumptions. The order impugned in the letter petition does not by itself reveal that there was any material before the competent Authority to record that finding. Assuming that such possibility cannot be totally ruled out, it cannot be, by itself, ground to reject the request for grant of furlough leave outright. In that case, it was open to the competent Authority to impose stringent conditions which must be complied by the convict for granting furlough leave. 2] In the present case, the petitioner has not availed of furlough leave even once, although, he has spent more than three years in jail while undergoing life imprisonment sentence. In our opinion, the conclusion noted in the impugned decision by the competent Authority cannot be countenanced as the same is not founded on any tangible material to support the same. 3] As a result, the decision in question is quashed and set aside. The parties are relegated before the competent Authority for fresh consideration of the proposal for grant of furlough leave to the KBP 3 cr.wp.3131-11.odt petitioner, which will have to be decided on its own merits in accordance with law and in the light of the various decisions of this Court on the point in issue. The petition is allowed on the above terms. 4] The competent Authority shall reconsider the matter and pass appropriate order, as expeditiously as possible and, in any case, not later than 31 st December, 2011 and communicate its decision to the petitioner within the same time. The Court expresses words of gratitude for the able assistance given by the learned amicus curiae. Copy of this order be forwarded to the petitioner who is in jail. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]