(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Pursuant to order dated 14.06.2012, learned APP makes available for perusal copy of order passed by this Court in Criminal Misc.Application No.6842 of 2009 in Criminal Appeal No.1478 of 2007 dated 23.06.2009. The order reads as under:-
"No case for temporary bail is made out. The application has no force. We are not inclined to grant temporary bail. The same is dismissed."
1.2 Learned APP also made available for perusal a copy of the order passed by this Court in Special Criminal Application No.347 of 2012 dated 07.02.2012, which reads as under:-
"Present applicant convict is involved in three serious offence. He is in jail since more than six years. Considering the negative report, competent authority has rightly rejected the application of the applicant. No reason to interfere with the same and hence, present application is rejected."
2. Learned APP was inquired as to when did the first furlough became due in favour of the present applicant-convict. From the learned APP it was also inquired as to what happened to that first furlough leave application. In response to this, learned APP wants some time to take instructions in detail from the concerned officer - I.G., (Prisons), who is the authority to decide the furlough application.
3. Learned APP to file a detailed affidavit, setting out in detail the history of furlough leave application/s of the present applicant-convict because he was convicted for an offence under Sections 302 and 34 of the Indian Penal Code in Sessions Case No.125 of 2005 by judgment and order dated 19.02.2007. Learned APP does not dispute that under the Rules, his first furlough became due on expiry of two years imprisonment.
At the request of the learned APP, the matter is adjourned to 22.06.2012.
(Ravi R.Tripathi, J.) (Paresh Upadhyay, J.) *Shitole Top