Munna Rampal Singh Patel vs The State Of Maharashtra

Citation : 2017 Latest Caselaw 8689 Bom
Judgement Date : 14 November, 2017

Bombay High Court
Munna Rampal Singh Patel vs The State Of Maharashtra on 14 November, 2017
Bench: V.K. Tahilramani
                                                                             25.wp 3369.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION NO. 3369 OF 2017

                 Munna Rampal Singh Patel                       .. Petitioner
                      Vs.
                 The State of Maharashtra                       .. Respondent

                 Mr. Prosper D'Souza, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                               CORAM : SMT. V.K.TAHILRAMANI &
                                                              M.S.KARNIK, JJ.

14th NOVEMBER, 2017 ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI , J. ) :

1. Heard both sides.

2. The petitioner preferred an application for furlough on 18/04/2016. As the petitioner wanted to spend his period of furlough in the State of Uttar Pradesh, police report was called from there. The police report was not submitted immediately but it was submitted after much delay. Eventually, after police report was received, the said application for furlough came to be 1/3 ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:32:09 :::

25.wp 3369.17.doc granted by order dated 16/03/2017. The petitioner was informed to comply with the necessary formalities of submitting surety bond and to comply with other conditions in the said order. The petitioner produced the surety bond before the jail authorities. However, it was not as per format. The said surety bond was also not accompanied by covering letter from Tahasil office. Hence, the petitioner was granted some more time to comply with the necessary formalities.

3. The surety bond papers were sent to Tahasil Office at Bara, Allahabad in the State of Uttar Pradesh. However, no reply in relation to that was received by the jail authorities from Tahasil office. After much correspondence with the Tahasil office at Bara, jail authorities were informed by communication dated 20/09/2017 that papers were not received and Tahasil office at Bara stated that the said papers had gone to other place i.e. Kaproda in Uttar Pradesh. The said communication was received by the concerned jail authorities i.e. Nashik Road Central Prison on 17/10/2017. In the meantime, period for the 2/3 ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:32:09 :::

25.wp 3369.17.doc petitioner to comply with the necessary formalities got over. In view of this fact, jail authorities decided to send surety bond by E-mail to the Tahasil office at Bara, Allahabad in the State of Uttar Pradesh.

4. In this view of the matter, period for the petitioner to comply with the necessary formalities is extended by a period of 2 months from today.

5. Rule is made absolute in the above terms. Office to communicate this order on urgent basis to the petitioner who is in Nashik Road Central Prison.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 3/3 ::: Uploaded on - 17/11/2017 ::: Downloaded on - 18/11/2017 01:32:09 :::