Eknath Arjun Mohite vs The State Of Maharashtra
2017 Latest Caselaw 9365 Bom

                                                              903.cri.wp 4769-17.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                      WRIT PETITION NO. 4769 OF 2017

       Eknath Arjun Mohite                                   .. Petitioner
            Vs.
       The State of Maharashtra                              .. Respondent
                                      ...........
       Mr. Prosper D'Souza, Advocate appointed for the petitioner.
       Mrs. G.P. Mulekar, A.P.P. - State. 
                                      ...........

                        CORAM : SMT. V.K. TAHILRAMANI ACTING C.J.  
                                       AND M.S.KARNIK, J.

DATE : 6th DECEMBER, 2017.

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

Heard both sides.

2. The petitioner preferred an application for furlough

on 4/5/2016. The said application was rejected by order dated

6/2/2017. Being aggrieved thereby, the petitioner preferred an

appeal which was dismissed by order dated 3/7/2017, hence,

this petition.

3. The application of the petitioner for furlough came

to be rejected mainly on two grounds that in the year 2006,

903.cri.wp 4769-17.doc

when he was released on furlough on 22/11/2006 he did not

report back in time and he was traced and arrested by police

and brought back to the prison on 10/5/2012. Thus, there was

overstayed of 1981 days on the part of the petitioner to report

back to the prison. In view of this fact, it was apprehended by

the authority that if the petitioner is released on furlough, he

will not report back to prison in time and would abscond.

Looking to the conduct of the petitioner, it cannot be said that

this apprehension is without any foundation. In addition, it is

seen that the petitioner has been convicted for the offence

punishable under Section 395 of the Indian Penal Code. Rule

4(2) of the Prisons (Bombay Furlough & Parole) Rules, 1959,

states that the person, who is convicted for the offence

punishable under Section 392 to 402 of the Indian Penal Code,

shall not be released on furlough. Looking to all these facts

we are not inclined to interfere. Rule is discharged.

 (M.S.KARNIK, J.)                               (ACTING CHIEF JUSTICE)