Mohd. Imran Nazir Ahamad Ansari vs The State Of Maharashtra

Citation : 2017 Latest Caselaw 9309 Bom
Judgement Date : 5 December, 2017

Bombay High Court
Mohd. Imran Nazir Ahamad Ansari vs The State Of Maharashtra on 5 December, 2017
Bench: V.K. Tahilramani
                                                                                   4. cri wp 4137-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL WRIT PETITION NO. 4137 OF 2017


            Mohd. Imran Nazir Ahamad Ansari                               .. Petitioner

                                 Versus
            The State of Maharashtra                                      .. Respondent

                                                  ...................
            Appearances
            Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner
            Mr. Arfan Sait         APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                              M.S. KARNIK, J.

DATE : DECEMBER 5, 2017.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :

1. Heard both sides.

2. The petitioner preferred an application for furlough on 2.7.2016. The said application was granted by order dated 7.7.2017, however, the Authorities directed the petitioner to furnish two sureties as he was going to spend the period of furlough in the state of UP. The petitioner sent an application on 15.7.2017 to the Authorities praying that he jfoanz vkacsjdj 1 of 2 ::: Uploaded on - 07/12/2017 ::: Downloaded on - 08/12/2017 02:58:28 :::

4. cri wp 4137-17.doc should be released on furlough on furnishing only one surety. The said application was rejected by order dated 14.8.2017, hence, this petition.

3. It is seen that on two earlier occasions, the petitioner was released on furlough i.e on 9.6.2015 and 16.1.2016. On both the occasions, the petitioner was released on furnishing two sureties. In such case, there cannot be any difficulty on the part of the petitioner in furnishing two sureties. Hence, we are not inclined to direct that the petitioner be released on furnishing one surety. The petitioner be released on furnishing two sureties, however, as the time period to comply with the formalities is expired, we extend the same by a period of eight weeks.

4. Rule is made absolute in the above terms.

5. Office to communicate this order on urgent basis to the petitioner who is in Open Central Prison, Morshi, Amravati.


[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]



jfoanz vkacsjdj                                                         2 of 2




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