Ganesh Govind Borkar v. Additional Director General Of Police And Inspector General Of Police And Inspector General Prisons
2026:BHC-NAG:5157-DB Order cri wp 123.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 123 OF 2026 [Shri Ganesh Govind Borkar vs. Additional Director Genereal of Police and Inspector General of Police and Inspector General of Prisons and Correctional Services, M.S., Pune and anr. ] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders.
--------------------------------------------------------------------------------------------------------------------------------- Ms. S. P. Chavhan, Advocate for the petitioner Mrs. N. R. Tripathi, A.P.P. for the State/respondents CORAM : ANIL L. PANSARE AND NIVEDITA P. MEHTA, JJ.
DATE : 01-04-2026.
On 23-3-2026, following order was passed.
"Heard.
2.
One of the reasons why furlough leave is rejected is that the petitioner's wife has given a statement that if the petitioner is released, she has a life threat.
3.
Counsel for the petitioner submits that this statement is incorrect because petitioner's wife is in touch with the petitioner and is repeatedly calling the counsel and inquiring as to when will the petitioner be released. She seeks time to place on record say of petitioner's wife.
4.
Time is granted.
5.
Stand over to 01.04.2026."
2.
In response, petitioner's wife has filed affidavit stating therein that she had given her statement against the petitioner out of anger. 3.
Thus, it appears that the petitioner's wife had indeed given statement that if the petitioner is released
Order cri wp 123.2026.odt on furlough leave, there is a life threat to her. She has now changed the stand. Such a change in stand will not render illegal, the impugned order, which was passed on the basis of the statement then made by the petitioner's wife.
4.
We therefore, do not find any merit in the petition. The petition is dismissed with liberty to the petitioner's wife to put forth the subsequent stand before the respondent no. 2, who shall, in that eventuality, consider the same for processing the petitioner's case for furlough leave.
5.
With the aforesaid liberty, the petition is dismissed.
(JUDGE) (JUDGE.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 02/04/2026 10:46:29