8. cri wp 4538-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4538 OF 2017
Gulzar @ Langda Gulzar Naseem Shaikh .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
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Appearances
Mrs. Nasreen S.K. Ayubi 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 7, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 23.1.2016. The said application was rejected by order dated 16.11.2016. Being aggrieved thereby, the petitioner preferred an appeal. The appeal came to be dismissed by order dated 17.1.2017, hence, this petition.
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8. cri wp 4538-17.doc
3. The application of the petitioner for furlough came to be rejected on two grounds. The grounds are that the police report was adverse and it was apprehended that if the petitioner is released on furlough, there may be danger to the life of the complainant and the witnesses.
4. As far as the above grounds are concerned, it is an admitted fact that the petitioner had earlier preferred an application for furlough on 15.5.2014 which was granted by the Authorities by order dated 20.3.2015 and it was directed that the petitioner would be released on furlough for a period of two weeks, however, unfortunately, the surety which was being furnished by the petitioner met with an accident and hence, the formalities could not be completed in time. Due to this, the application of the petitioner for furlough was treated as lapsed and came to be filed.
5. Looking to the fact that the Authorities thought it fit to grant furlough to the petitioner by order dated 20.3.2015 jfoanz vkacsjdj 2 of 3 ::: Uploaded on - 08/12/2017 ::: Downloaded on - 10/12/2017 01:42:46 :::
8. cri wp 4538-17.doc and looking to the conduct of the petitioner in prison, we are of the opinion that the orders dated 16.11.2016 and 17.1.2017 deserve to be set aside and furlough should be granted to the petitioner. Accordingly, the petitioner to be released on furlough for a period of two weeks on the usual terms and conditions as set out by the sanctioning Authority.
6. Rule is made absolute in the above terms.
7. Office to communicate this order to the petitioner who is in Nasik Road Central Prison.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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