jdk 1 12.crwp.3862.15.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3862 OF 2015
Sunil @ Pintya Bapu Khandale
C/15704,
Yearawada Central Prison,
Pune .. Petitioner
Vs.
The State of Maharashtra .. Respondent
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J.
AND M.S.KARNIK, J.
DATED : DECEMBER 19, 2017 ORAL JUDGMENT [PER SMT.V.K.TAHILRAMANI ACTING C.J.]:
1 Heard both sides. 2 The petitioner preferred an application for furlough on
28.3.2013. The said application was rejected by order dated 5.3.2014. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 18.5.2015, hence, this petition.
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3 The application of the petitioner for furlough came to
be rejected on the ground that on 19.3.2012 when he was released on furlough for 14 days, he did not report back to the prison in time and he was arrested and brought back to the prison and on this count, there was overstay of 54 days on the part of the petitioner, hence, it was apprehended that if the petitioner was released on furlough, he will not report back to the prison in time and he may abscond. However, the jail record of the petitioner shows that thereafter on 4.10.2012 the petitioner was released on parole for a period of 30 days and he has reported back on the due date to the prison on his own. Thereafter on 8.2.2014 the petitioner was released on death parole for the period of 12 days. The petitioner reported back to the prison on his own though one day late. Thus, past conduct of the petitioner shows that he has been reporting back to the prison on his own on the due date, except one occasion, when he was one day late in reporting back to the prison. The conduct of the petitioner in the prison is stated to be satisfactory. Looking to the past conduct of the petitioner, we are of the opinion that the two orders dated 5.3.2014 and 18.5.2015 deserve to be set aside and the petitioner be 2 of 3 ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 01:56:50 ::: jdk 3 12.crwp.3862.15.j.doc released on furlough. Accordingly, the petitioner is to be released for a period of 14 days on furlough on usual terms and conditions as set out by the competent authority. 4 Rule is made absolute in above terms. Petition is disposed of. Office to communicate this order to the petitioner who is in Yerawada Central Prison, Pune.
M.S.KARNIK, J. ACTING CHIEF JUSTICE
kandarkar
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