jdk 1 15.crwp.4082.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL W.P.NO. 4082 OF 2017
Rashid Anis Pawale ]
Adult, Indian Inhabitant, ]
Presently lodged at Aurangabad ]
Central Prison, Aurangabad, ]
204, Chudi Mohallah, ]
Near Shakkarshah Masjid Bhiwandi, ]
Thane ].. Petitioner
Vs.
1) The State of Maharashtra
]
Through Secretary, Home
]
Department, Mantralaya,
]
Mumbai-400 032 ]
]
2) The Deputy Inspector ]
Generalof Prison, ]
Central Prison, Aurangabad ]
]
3) The Superintendent, ]
Aurangabad Central Prison, ]
Nasik ].. Respondents
....
Mrs. A.M.Z.Ansari Advocate along with Mrs. Nasreen S.K. Ayubi
Advocate for Petitioner
Mr. Arfan Sait A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
M.S.KARNIK, JJ.
DATED : NOVEMBER 21, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 of 3 ::: Uploaded on - 24/11/2017 ::: Downloaded on - 24/11/2017 14:01:25 ::: jdk 2 15.crwp.4082.17.j.doc 1 Heard both sides.
2 The petitioner preferred an application for furlough on 3.8.2016. The authorities were inclined to release the petitioner on furlough, however, they wanted him to furnish surety who is 200 kms. away and also the petitioner to stay 200 kms. away as it was apprehended that if the petitioner is released on furlough and stays in Bhiwandi where his residence is situated, there would be danger to the lives of the witnesses who reside in Bhiwandi. However, as the petitioner could not furnish a surety who was 200 kms. away and it was not possible for him to stay 200 kms. away, the application of the petitioner for furlough came to be rejected by order dated 26.4.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 1.9.2017, hence, this petition. 3 The learned counsel for the petitioner states that relative of the petitioner by name Sultan Hasan Shaikh is residing at Khardi, Taluka Shahapur, District Thane in Maharashtra and the petitioner will furnish surety of the said relative and will also reside in the house of Sultan Hasan Shaikh 2 of 3 ::: Uploaded on - 24/11/2017 ::: Downloaded on - 24/11/2017 14:01:25 ::: jdk 3 15.crwp.4082.17.j.doc during furlough leave. Admittedly, the distance between Khardi and Bhiwandi is more than 35 kms. In this view of the matter, we are inclined to release the petitioner on furlough on the condition that during the period he is on furlough, he will reside at the above mentioned address at Khardi and he will not enter within the limits of Bhiwandi. In addition, the authorities may impose such conditions as they may deem fit. The petitioner is granted six weeks' time to comply with all the necessary formalities. Rule is made absolute in above terms. Petition is disposed of.
[ M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 3 of 3 ::: Uploaded on - 24/11/2017 ::: Downloaded on - 24/11/2017 14:01:25 :::