Sagar Babu Parmar vs The State Of Maharashtra And Ors
2016 Latest Caselaw 6931 Bom

                                                                         3-WP-3797-2016.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                               
                         CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL WRIT PETITION NO.3797 OF 2016




                                                       
     SAGAR BABU PARMAR                           )
     Aged 28 years, Residing at Trimurti Colony, )
     Karve Naka Road, Taluka Karad,              )
     District Satara. (Presently detained in     )




                                                      
     Kalamba Jail, Kolhapur)                     )...PETITIONER

              V/s.




                                          
     THE STATE OF MAHARASHTRA  & ORS.                           )...RESPONDENTS
                             
     Mr.Ganesh Bhujbal, Advocate for the Petitioner.
     Mr.Arfan Sait, APP for the Respondent - State.
                            
                                   CORAM         :     V.K.TAHILRAMANI &
                                                       A. M. BADAR, JJ.

                                   DATE          :     5th  DECEMBER 2016.
   



     ORAL JUDGMENT : (PER V.K.TAHILRAMANI, J.)


     1                Heard both sides.





     2                Rule. Rule   is   made   returnable   forthwith.   Petition   is 
     heard finally.





     3                The petitioner preferred an application for furlough on 

8th December 2014. The said application came to be rejected by

order dated 27th April 2015. Being aggrieved thereby, the

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3-WP-3797-2016.doc

petitioner preferred an appeal. The appeal was dismissed by

order dated 3rd August 2015. Hence, this petition.

4 The application of the petitioner for furlough was

rejected on two grounds. The first ground is that in the year

2010, the petitioner assaulted a co-prisoner while he was in jail at

Satara. The offence came to be registered vide C.R.No.142 of

2010 against the petitioner for assaulting the co-prisoner. The

petitioner has been apprehended in a case of murder of Sanjay

Patil. The children of deceased are studying in Karad and it is

apprehended that if the petitioner is released on furlough, there

will be danger to the life of the children of deceased as the

petitioner intends to spent the period of furlough in Karad.

5 As far as the first ground is concerned, the learned

counsel for the petitioner pointed out that C.R.No.142 of 2010 has

been amicably settled between the parties and the petitioner has

been acquitted by a judgment and order dated 21 st September

2012.

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                                                                       3-WP-3797-2016.doc




                                                                            
     6                As far as the second ground is concerned, the learned 

counsel for the petitioner states that the petitioner will not spend

his period of furlough in Karad City but he will spend it outside

Karad City.

7 In this view of the matter, both the orders dated 27 th

April 2015 and 3rd August 2015 are set aside. The authority to

consider the application of the petitioner for furlough afresh,

keeping in mind the above facts. The same be decided

expeditiously.

8 Rule is made absolute in above terms.

              (A. M. BADAR, J.)               (V.K.TAHILRAMANI, J.)





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