Santosh Manohar Chawhan (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

1 118-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.118 of 2015 Santosh Manohar Chawhan, Convict No. C-7839.

-Versus - The .I.G. Prison (E) ( R), Nagpur and another. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms. N.G. Choube, appointed Advocate for petitioner. Mrs. M.H. Deshmukh , APP for respondents CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 11th March, 2015.

1.

The petitioner has approached this court being aggrieved by the rejection of his application for grant of furlough leave. 2.

Heard learned counsel for both the sides. Perused the affidavitin-reply. We find that the petitioner is undergoing sentence converted by the Apex Court into life imprisonment from death sentence. The impugned order came to be passed on considering the adverse police report. We find that during the police inquiry by concerned Police Station, statements came to be recorded wherein local witnesses have stated against the petitioner that they have deposed against him in the trial court as eye witnesses and as such apprehends threat to their life if the petitioner is released on leave. We also note that there is no sufficient ground put forth for releasing him on furlough leave. In that view of the matter, we find no reason to interfere with impugned order. Hence, we make the following order. ORDER.

1.

Criminal Writ Petition No. 118/2015 is dismissed. 2.

Fees to be paid to the appointed counsel is quantified as Rs.1,500/-.

JUDGE JUDGE Hirekhan