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Judgment
Rule. Rule is made returnable forthwith. Heard finally by consent.
By way of present Criminal Writ Petition, the petitioner has prayed for quashing and setting aside Order dt.10.10.2016 passed by respondent no.1 thereby rejecting the request of the petitioner for grant of furlough leave. The application of petitioner for grant of furlough leave was rejected by the Competent Authority on the ground that when the petitioner was released on furlough or parole leaves earlier, he has not surrendered on the due dates and was required to be arrested by the concerned Police Station.
In view of decision of this Court in the case of Murlidhar Ramchandra Bhalerao .vs. State of Maharashtra and another reported in 2011 ALL MR (Cri) 2132 and the decision of the Division Bench of this Court in Writ Petition No.224 of 2013 (Ramdas Vishwanath Marsinge .vs. The DIG Prisons (E)(R), Nagpur and another) and Writ Petition No.222 of 2013 (Raju Dhananu Kosekar .vs. The DIG Prisons (E)(R), Nagpur and another), decided on 25th June, 2013, if the Convict is released on furlough and he is required to be arrested for securing his presence in the custody, he is not entitled to be released on furlough.
In that view of the matter, no case is made out. Hence, the Criminal Writ Petition is dismissed.
No order as to costs.