Gulzar @ Langda Gulzar Naseem ... vs The State Of Maharashtra And Ors
2017 Latest Caselaw 9400 Bom

                                                                                    8. cri wp 4538-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL WRIT PETITION NO. 4538 OF 2017


            Gulzar @ Langda Gulzar Naseem Shaikh                           .. Petitioner

                                 Versus
            The State of Maharashtra & Ors.                                .. Respondents

                                                  ...................
            Appearances
            Mrs. Nasreen S.K. Ayubi Advocate (appointed) for the Petitioner
            Mr. Arfan Sait          APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                              M.S. KARNIK, J.

DATE : DECEMBER 7, 2017.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :

1. Heard both sides.

2. The petitioner preferred an application for furlough on

23.1.2016. The said application was rejected by order dated

16.11.2016. Being aggrieved thereby, the petitioner

preferred an appeal. The appeal came to be dismissed by

order dated 17.1.2017, hence, this petition.

            jfoanz vkacsjdj                                                                     1 of 3





                                                             8. cri wp 4538-17.doc

3. The application of the petitioner for furlough came to

be rejected on two grounds. The grounds are that the police

report was adverse and it was apprehended that if the

petitioner is released on furlough, there may be danger to

the life of the complainant and the witnesses.

4. As far as the above grounds are concerned, it is an

admitted fact that the petitioner had earlier preferred an

application for furlough on 15.5.2014 which was granted by

the Authorities by order dated 20.3.2015 and it was directed

that the petitioner would be released on furlough for a period

of two weeks, however, unfortunately, the surety which was

being furnished by the petitioner met with an accident and

hence, the formalities could not be completed in time. Due

to this, the application of the petitioner for furlough was

treated as lapsed and came to be filed.

5. Looking to the fact that the Authorities thought it fit to

grant furlough to the petitioner by order dated 20.3.2015

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8. cri wp 4538-17.doc

and looking to the conduct of the petitioner in prison, we are

of the opinion that the orders dated 16.11.2016 and

17.1.2017 deserve to be set aside and furlough should be

granted to the petitioner. Accordingly, the petitioner to be

released on furlough for a period of two weeks on the usual

terms and conditions as set out by the sanctioning Authority.

6. Rule is made absolute in the above terms.

7. Office to communicate this order to the petitioner who

is in Nasik Road Central Prison.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]




jfoanz vkacsjdj                                                         3 of 3