Maruti @ Nawwa Santosh Walke (In ... vs Deputy Inspector General ...
2016 Latest Caselaw 635 Bom

                                                                                                 Wp129.16
                                                       1

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH 




                                                                                              
                                 NAGPUR.

                CRIMINAL    WRIT    PETITION   NO.    129    OF     2016




                                                                     
    Maruti @ Nawwa Santosh Walke,




                                                                    
    Convict No. C/9153, Presently
    at Central Prison, Nagpur.                                                     PETITIONER.


                                                   VERSUS




                                                    
    1] Deputy Inspector General
    (Prisons) (East) Nagpur. 
                               
    2] The Superintendent 
                              
    Central Prison, Nagpur.                                                        RESPONDENTS.

Shri Mir Nagman Ali, Advocate for the petitioner.

Shri V. A. Thakre, Additional Public Prosecutor for respondents.

CORAM: B. R. GAVAI AND A. S. CHANDURKAR JJ.

Dated : MARCH 15, 2016.

ORAL JUDGMENT: (Per B. R. Gavai J.)

Rule. Rule made returnable forthwith. Heard finally with the

consent of the learned counsel for the parties.

2] The petitioner has approached this Court on the rejection of his

application for furlough. The application is rejected on the two grounds one,

that the surety provided by the petitioner is his mother-in-law who is 70 years

and as such she will not be in a position to control the activities of the

Wp129.16

petitioner. Second ground is that, if the petitioner is released on furlough

there is a threat to the life of the complainant.

3] In so far as first ground is concerned, we find that merely because

the mother-in-law is 70 years old, it cannot be presumed that she will not be

in a position to control the activities of the petitioner.

4] In so far as the second ground is concerned, the petitioner was

acquitted by the learned trial Court and thereafter in an appeal against

acquittal, order of acquittal came to be converted into conviction. During the

period when the petitioner was on bail, it is not the case of anybody that he

has given any threats to the complainant. In that view of the matter we find

that the rejection of furlough is also not sustainable.

5] The Writ Petition is therefore allowed. The impugned order is

quashed and set aside. The petitioner is directed to be released on furlough

in accordance with law by accepting the surety of his mother-in-law.

                                   JUDGE                     JUDGE


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