Ashok Laxman Kalaskar v. The State Of Maharashtra

osk 19-wp-3179-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3179 OF 2017 Ashok Laxman Kalaskar ...

Petitioner V/s.

The State of Maharashtra ...

Respondent • Ms.Rohini M. Dandekar, Advocate appointed for the Petitioner. • Mr.Arfan Sait, A.P.P. for the Respondent-State. CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 7th SEPTEMBER, 2017.

ORAL JUDGMENT (PER : SMT. V.K. TAHILRAMANI, J.) :- 1] Heard both sides.

2] The Petitioner preferred an application for furlough on 02/08/2016. The said application came to be rejected on 30/12/2016. Being aggrieved thereby, the Petitioner preferred an appeal. The appeal was dismissed by order dated 04/05/2017; hence this petition.

3] The application of the Petitioner for furlough came to be 1/2

osk 19-wp-3179-2017.odt rejected on ground that, on 11/01/2016 when he was released on parole, he did not report back to the prison in time and there was overstay of 30 days on the part of the Petitioner. In addition, the application of the Petitioner for furlough came to be rejected on the ground that when he was released on parole, he has abused and threatened the complainant and the complainant has lodged N.C.No.109 of 2016 on 03/03/2016.

4] In view of the above facts, it was apprehended by the Authorities that, if the Petitioner is released, there may be danger to the life of the complainant.

5] Looking to the conduct of the Petitioner, it cannot be said that the apprehension by the Authorities is without any basis. Hence, we are not inclined to entertain the petition. Therefore, Rule is discharged.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (SMT. V.K. TAHILRAMANI, J.) 2/2