Girish Vasant Kolhe vs. The State Of Maharashtra

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1652 OF 2009 Girish Vasant Kolhe .... Petitioner Vs. The State of Maharashtra .... Respondent Through Jail Shri A.S. Gadkari, APP, for the State. CORAM: BILAL NAZKI & A.R. JOSHI, JJ. DATED: SEPTEMBER 15, 2009 P.C: The petitioner is serving life imprisonment and has undergone more than five years of imprisonment. He applied for furlough leave. It appears that till date he has never been released on furlough. Furlough leave is to be granted as a matter of right. However, the State has power under Rule 4 of the relevant Rules to deny furlough to a convict on certain grounds. In the present case, furlough has been denied on the ground that the concerned police officer was of the view that if the petitioner is released, there would be danger to public peace. We have not found any material having been considered by the concerned police officer for coming to such a conclusion. It was merely an apprehension of the concerned police officer. For these reasons, we allow the petition; set aside the impugned order and direct the respondents to release the petitioner on furlough leave on usual terms and conditions. The petition accordingly stands disposed of. (BILAL NAZKI, J.) (A.R. JOSHI, J.)