Ramesh Gangaram Sonkamble vs The State Of Maharashtra
2016 Latest Caselaw 2282 Bom

                                                                                             criwp233.16.doc
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                        BENCH AT AURANGABAD 




                                                                                              
                          CRIMINAL WRIT PETITION NO. 233 OF 2016    




                                                                      
    Ramesh s/o Gangaram Sonkamble
    age 43 years, occ. Nil
    r/o Prison no.9630,
    Central Jail, Aurangabad.                                                     .. PETITIONER




                                                                     
    VERSUS
     




                                                       
    The State of Maharashtra                                                      .. RESPONDENT
                                  
    Mr. H.I. Pathan, amicus curiae (appointed) for petitioner.  
    Mr. S.Y. Mahajan, APP for the State.  
                                 
                                                          =====

                                                               CORAM :  R.M. BORDE &
                                                                          P.R. BORA, JJ.   

                                                               DATE    :  4th MAY, 2016. 
      


    PER COURT :
   



    1.        Rule.     Rule   made   returnable   forthwith.     Heard   finally   with   the 

consent of learned counsel for respective parties.

2. Application tendered by petitioner for his release on furlough has

been turned down by the Deputy Inspector General, Aurangabad which

order has been confirmed by the Inspector General (Jail), Maharashtra

State, Pune. Reason for rejection of the request is attributable to the

adverse report forwarded by the local police. It is recorded by the Sub-

Inspector, Mukhed police station that since the victim also resides at village

Undri, Tq. Mukhed, it is not desirable to release the petitioner and permit

criwp233.16.doc

him to enter the boundaries of the village. Presence of petitioner in the

village would likely lead to breach of peace.

3. Petitioner was arrested in connection with crime on 22.08.2013 and

has been sentenced to imprisonment of seven years by order passed by the

learned Sessions Judge on 18.01.2014. It is not a matter of dispute that

petitioner is entitled to be released on furlough since he has completed the

requisite jail term. It also cannot be controverted that to avail furlough

leave is the right of the prisoner and the same cannot be denied unless

exceptional circumstances are brought to the notice. Petitioner can be

released subject to imposition of certain reasonable conditions which would

take care of the apprehension expressed by the local police as regards

breach of peace in the village. It is informed that petitioner is willing to stay

at Kinala, Tq. Biloli, Dist. Nanded and, his brother-in-law has agreed to

furnish surety on his behalf. Petitioner thus can be granted furlough leave

subject to condition that he shall continue to stay during the period of his

release within the boundaries of Biloli taluka and shall report to police

station Biloli as and when directed by the jail authorities.

4. For the reasons recorded above, writ petition deserves to be allowed

and the same is accordingly allowed. Respondents are directed to allow

application tendered by petitioner praying for his release on furlough subject

to reasonable conditions as permissible in law. Adverse orders passed by

the authorities rejecting request of petitioner for his release on furlough are

quashed and set aside. Rule made absolute accordingly.

criwp233.16.doc

5. Learned counsel appointed as amicus curiae to assist the Court shall

be paid remuneration quantified at Rs. 5,000/-.

    ( P. R. BORA )                                                        ( R. M. BORDE )




                                                                
         JUDGE                                                                  JUDGE

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