Kailash Pandurang Fulzale vs State Of Maharashtra And Anr.
2003 Latest Caselaw 660 Bom

JUDGMENT

R.S. Mohite, J.

1. Heard Ms. Dube, learned Advocate for the petitioner and Shri Dhote, learned Additional Public Prosecutor for the respondents.

2. Rule. By consent, rule is made returnable forthwith.

3. This petition is filed by the petitioner for release on furlough. By an order dated 10-2-2003, the Deputy Inspector General and Prisons, Eastern Region, Nagpur, has rejected the application of the petitioner for grant of furlough on three grounds i.e. firstly, if the applicant is released on furlough then there is grave likelihood of breach of peace and public order. Secondly, that there is no relative of the petitioner, who is willing to stand his surety and thirdly, that the petitioner has tendency of not surrendering within the prescribed period.

4. As indicated in my interim order dated 4-6-2003, insofar as first reason is concerned, there does not appear to be anything on record to indicate the likelihood of breach of peace and public order. The applicant has been released on furlough on four occasions earlier and there is no allegations that on any of the four occasions he has been involved in any offence. Insofar as third point concerning overstaying it is pointed out that out of four occasions, the applicant has surrendered on time on two occasions, on one occasion he was 13 days late and on another occasion he was late by 29 days. Even on these two occasions, he was not required to be arrested. The petitioner, has been separately punished for surrendering late. Insofar as the question of surety is concerned, the Advocate for the petitioner states that the sister of the petitioner is ready and willing to stand as his surety. This is confirmed by the learned A.P.P.

5. The learned A.P.P. however, states that Smt. Sarita Kishor Telang, does not have any property in her name. The learned A.P.P. states that if the petitioner is willing to deposit by way of security Rs. 1,000/- with the Tahsildar, Nagpur, then she may be accepted as his surety.

6. In that view of the matter, the order dated 10-2-2003 passed by the Deputy Inspector General of Prisons, Eastern Region, Nagpur is quashed and the petitioner-Prisoner may be released on furlough leave of two weeks from the date of release subject to furnishing surety of his sister Sarita Kishor Telang. The sister of the petitioner may be accepted as surety on her depositing Rs. 1,000/- in cash with the Tahsildar, Nagpur and signing usual surety bond.

7. Rule is made absolute in the aforesaid terms.

Rule made absolute accordingly.