6. cri wp 4427-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4427 OF 2017
Shabbir Shamshuddin Shaikh .. Petitioner
Versus
The State of Maharashtra & Anr. .. Respondents
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Appearances
Mr. Prosper D'Souza Advocate for the Petitioner
Mrs. G.P. Mulekar APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 21, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 26.9.2016. The said application was rejected by order dated 22.12.2016. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 3.4.2017, hence, this petition.
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3. The application of the petitioner came to be rejected mainly on the ground that in view of the election of Pune Municipal Corporation, if the petitioner is released on furlough, there may be a law and order problem. It is to be noted that this was in the year 2016. Today, we are in the year 2017 and there are no elections at present.
4. The second ground on which the application of the petitioner came to be rejected is that in the year 2014 when he was released on furlough, there was overstay of 3 days and he was arrested by the police and brought back to the prison. As far as this aspect is concerned, the record shows that when the petitioner was released on furlough in the year 2014, he was arrested by Bibewadi Police Station in C.R. No. 72/2014 on 28.5.2014 and he was brought back to the prison on 10.6.2014. It is to be noted that the petitioner has been acquitted in the said case. Thus, it is noticed that if the petitioner had not been arrested on 28.5.2014, he would have reported back to the prison in time i.e on 6.6.2014.
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Thus, this ground is also not a good ground to reject the application of the petitioner for furlough.
5. The third ground on which the application of the petitioner for furlough came to be rejected is that the surety will not be able to keep a check on the petitioner if he is released on furlough. As far as this aspect is concerned, the jail record of the petitioner shows that on earlier two occasions, the petitioner was released on furlough i.e on 27.12.2012 and 18.12.2013 and on both the occasions, he reported back to the prison on his own in time. At present also, the same surety is proposed who was a surety on two earlier occasions. As far as the overstay when the petitioner was released on furlough on 24.5.2014 is concerned, it is seen that it was not on account of any act of the petitioner. Thus, this ground is also not a good ground.
6. The other grounds on which the application of the petitioner came to be rejected are general grounds for which jfoanz vkacsjdj 3 of 4 ::: Uploaded on - 22/12/2017 ::: Downloaded on - 23/12/2017 02:27:45 :::
6. cri wp 4427-17.doc there is no basis except the grounds mentioned above. Thus, looking to the fact that on two earlier occasions i.e in the year 2012 and 2013, when the petitioner was released on furlough, he reported back to the prison on his own in time and looking to the other facts and circumstances of this case, we are inclined to release the petitioner on furlough. Hence, the orders dated 22.12.2016 and 3.4.2017 are set aside.
7. The petitioner to be released on furlough on usual terms and conditions as imposed by the Competent Authority.
8. Rule is made absolute in the above terms.
9. Office to communicate this oder to the petitioner who is in Kolhapur Central Prison, Kalamba.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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