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THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 839 OF 2017
Shri. Bilal Sayyad S/o Mustafhaali Sayyad,
Presently Lodged at Central Prison, Nagpur. ... Petitioner
VERSUS
(1) State of Maharashtra through,
Deputy Inspector General of Prison,
Aurangabad.
(2) Superintendent, Central Prison,
Nagpur. ... Respondents
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Shri N. P. Meshram, Advocate for petitioner
Mrs. M. H. Deshmukh, Assistant Government Pleader for respondents
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 5-12-2017
JUDGMENT (Per : M. G. Giratkar, J.)
Rule. Rule made returnable forthwith. Heard by consent of the learned counsels appearing for the parties.
2. The petitioner is undergoing punishment for life imprisonment at Central Prison, Nagpur. He was convicted for the ::: Uploaded on - 06/12/2017 ::: Downloaded on - 08/12/2017 03:12:10 ::: 2 jg.cri.wp.839.17.odt offences punishable under Sections 302 and 120-B of the Indian Penal Code and under Section 27 of the Indian Arms Act. The petitioner prayed for 30 days furlough leave to meet his family. The respondent no. 1 wrongly rejected application of the petitioner on the ground that he is convicted under MCOC Act. In fact he is not convicted under the MCOC Act and, therefore, Rule 4(4) of the Prison (Bombay Furlough and Parole) Rules, 1959 is not applicable.
3. The petition is strongly opposed by the respondents and submitted that the petitioner is one of the accused along with Chhota Rajan. There is every possibility of breach of peace and tranquility. Hence, application for furlough leave is rightly rejected.
4. Heard learned counsel Shri N. P. Meshram for the petitioner. He has pointed out copy of the operative order of judgment in MCOC Special Case No. 14/2011. He has submitted that application for furlough is wrongly rejected by the respondent no. 1 and at last prayed to allow the petition.
5. Heard learned Additional Public Prosecutor Mrs. Deshmukh for the respondents. She has supported the impugned order. ::: Uploaded on - 06/12/2017 ::: Downloaded on - 08/12/2017 03:12:10 :::
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6. Perused the operative order of the judgment in MCOC Special Case No. 14/2011. The petitioner is convicted for the offences punishable under Sections 302 and 120-B of the Indian Penal Code and Section 27 of the Indian Arms Act.
7. From the perusal of paragraph 9 of the operative order, it is clear that the accused no. 2 Bilal Sayyad Mustafa Sayyed is acquitted for the offence punishable under Section 201 read with Section 34 of the Indian Penal Code read with Section 3(1)(i), 3(2) and 3(4) of the MCOC Act. From reading of paragraph 9 of the operative order of the judgment, it is clear that the petitioner is not convicted under the MCOC Act and, therefore, impugned order passed by the respondent no. 1 stating that the petitioner is convicted under the MCOC Act is not correct. The respondent no. 1 has wrongly rejected the application of the petitioner for furlough leave as per Rule 4(4) of the Prison (Bombay Furlough and Parole) Rules. The petitioner is entitled for furlough leave. Hence, we pass the following order :
ORDER
(i) The writ petition is allowed.
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(ii) Impugned order dated 4-5-2016 passed by the respondent
no. 1 is hereby quashed and set aside.
(iii) The respondents are directed to release the petitioner on
furlough leave for a period of 30 days on furnishing surety of nearest relative.
(iv) During the period of furlough leave, the petitioner shall report to the nearest police station once in a week i.e. on every Saturday in between 11.00 a.m. to 12.00 noon.
(v) The petitioner shall surrender to the prison on due date.
8. Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE JUDGE
wasnik
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