Bombay High Court
Sonubai Babu Padwal vs The State Of Maharashtra And Ors on 14 December, 2016
Bench: V.K. Tahilramani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4169 OF 2016
Sonubai Baburao Padwal ]
At Post Kasegaon, Tal. Walwa ]
Dist. Sangli, presently as C-70 ]
lodged at Kolhapur Central Prison ]
Kalamba, Kolhapur-416007 ].. Petitioner
Vs.
The State of Maharashtra ]
Through: ]
1) Superintendent of Kolhapur ]
Central Prison, Kalamba ]
]
2) The D.I.G. Prisons (Western Zone) ]
Pune ].. Respondents
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mr. H.J. Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
A.M.BADAR, JJ.
DATED : DECEMBER 14, 2016
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. Rule is made returnable
forthwith. By consent, matter is finally heard.
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2 The petitioner was granted furlough on 6.10.2015 for
a period of 14 days. The petitioner preferred an application for
extension of furlough for a further period of 14 days. The said
application came to be rejected, hence, this petition.
3 The petitioner had sought extension of furlough on
the ground of her own illness. She had left lumbar pain with
colitis. She had also submitted her Video Colonoscopy Report
as well as ultra sonography report.
ig The sonography report
shows colitis. The genuineness of this medical report is not
doubted. However, the application of the petitioner for
extension of furlough was rejected on the ground that the
illness of the petitioner is not specifically stated in the medical
report. She was not hospitalized and therefore, it does not
appear that her illness was serious. She could have reported to
the prison and thereafter taken medical treatment in the
prison.
4 As far as the first ground is concerned, it is seen that
medical report shows that she was suffering from colitis. The
genuineness of the medical certificate is not doubted.
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Moreover, it is seen that the order of rejection dated 4.6.2016
clearly shows that the medical certificate has been examined
and it has been found to be true. The report further states that
during the period that the petitioner was on furlough, she has
complied all the terms and conditions. She is also regularly
reporting to the police station as per the condition. The report
states that as the reason for seeking extension of furlough, is
found to be true, she can be given extension of furlough.
However, the application of the petitioner for furlough was
rejected on the above mentioned grounds.
5 Looking to the fact that the genuineness of the
medical certificate is not doubted and the other facts stated
above, as well as the fact that earlier when the petitioner was
released on furlough on 12.6.2013, she reported back to the
prison in time and thereafter on 5.9.2014 when she was
released on parole, she reported back to the prison in time, we
are of the view that on humanitarian ground the furlough
period ought to be extended by a period of 14 days. Hence,
furlough period is extended by a period of 14 days. Prison
punishment imposed if any, on account of overstay of furlough
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of 14 days, is set aside. If security deposit is forfeited, the
same be returned back to the petitioner.
6 Rule is made absolute in above terms. Petition is
disposed of accordingly.
7 Office to communicate this order to the petitioner
who is in Kolhapur Central Prison, Kalamba, Kolhapur.
[ A.M.BADAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
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