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30.WP(ST).9858.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST.) NO. 9858 OF 2023
Ravindra s/o Ramchandra Kadam ... Petitioner
Versus
State of Maharashtra & Ors. ... Respondents
Mr. Rupesh Jaiswal for the Petitioner.
Ms. S. D. Shinde, APP for the Respondent-State.
CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ DATED : 1st AUGUST, 2023 P.C.:
1. The prayer for furlough was moved by the Petitioner was rejected by the order at Exhibit-A and confirmed by the Competent Authority vide order dated 31/03/2023. As such, this Petition.
2. The contentions of learned Counsel for the Petitioner is even if the Petitioner is convicted in Sessions Case No. 221/2015 vide judgment and order dated 04/02/2020 and directed to suffer life imprisonment till death, the Petitioner is still entitled for furlough.
3. The support is drawn from the judgment of the the Apex Court in the matter of Atbir vs State of NCT of Delhi reported in (2022) ALL SCR (Cri) 1351 particularly paragraph no. 17. According to learned Counsel for the Petitioner, the Apex Court akn 1/3 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 03/08/2023 22:36:01 ::: 2/3
30.WP(ST).9858.2023.doc while appreciating the concept of furlough have analyzed the rights of the prisoner and has recorded the finding that extending the concession of furlough to the prisoner can always be subject to the maintaining good conduct of the prisoner.
4. Mr. Jaiswal, learned Counsel for the Petitioner would further urge that there is no adverse report against the Petitioner qua his conduct but for the apprehension of the Respondent that in case if the Petitioner is released on furlough, he is likely to abscond.
5. Learned APP submits that once the Petitioner is convicted and sentenced to life imprisonment till his death in the natural course, the provision of furlough are not available to the Petitioner. According to her, the police report is also negative qua the claim of the Petitioner.
6. We have appreciated the submissions.
7. In the aforesaid judgment of Arbit (supra) the Apex Court had an occasion to consider the right of the prisoner who was convicted for life imprisonment till his death. The Apex Court while dealing with the right of the prisoner to be released on furlough has noted that if the prisoner maintains the good conduct, furlough cannot be denied as the matter of course.
8. The fact remains that the Apex Court has recorded the said akn 2/3 ::: Uploaded on - 03/08/2023 ::: Downloaded on - 03/08/2023 22:36:01 ::: 3/3
30.WP(ST).9858.2023.doc findings are based on the reformative approach to be adopted and in such an eventuality the incentive for good conduct are to be extended to the prisoner.
9. In this background, we hereby quash and set aside the impugned orders.
10. We direct the Respondent-Jail Authority to decide the claim of the Petitioner for releasing the Petitioner on furlough particularly having regard to his conduct in the light of the observations made by the Apex Court in the matter of Atbir (supra).
11. The Petition stands allowed in the above terms.
(R. N. LADDHA, J) (NITIN W. SAMBRE, J.)
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