Sunil @ Pintya Bapu Khandale vs The State Of Maharashtra
2017 Latest Caselaw 9792 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 3862 OF 2015

Sunil @ Pintya Bapu Khandale
C/15704,
Yearawada Central Prison,
Pune                                                                             .. Petitioner

                    Vs.

The State of Maharashtra                                                         .. Respondent


                              ....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
                              ....


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

DATED : DECEMBER 19, 2017

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

1                   Heard both sides.

2                   The petitioner preferred an application for furlough on

28.3.2013. The said application was rejected by order dated

5.3.2014. Being aggrieved thereby, the petitioner preferred an

appeal. The appeal was dismissed by order dated 18.5.2015,

hence, this petition.

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3                   The application of the petitioner for furlough came to

be rejected on the ground that on 19.3.2012 when he was

released on furlough for 14 days, he did not report back to the

prison in time and he was arrested and brought back to the

prison and on this count, there was overstay of 54 days on the

part of the petitioner, hence, it was apprehended that if the

petitioner was released on furlough, he will not report back to

the prison in time and he may abscond. However, the jail

record of the petitioner shows that thereafter on 4.10.2012 the

petitioner was released on parole for a period of 30 days and he

has reported back on the due date to the prison on his own.

Thereafter on 8.2.2014 the petitioner was released on death

parole for the period of 12 days. The petitioner reported back to

the prison on his own though one day late. Thus, past conduct

of the petitioner shows that he has been reporting back to the

prison on his own on the due date, except one occasion, when

he was one day late in reporting back to the prison. The

conduct of the petitioner in the prison is stated to be

satisfactory. Looking to the past conduct of the petitioner, we

are of the opinion that the two orders dated 5.3.2014 and

18.5.2015 deserve to be set aside and the petitioner be

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jdk 3 12.crwp.3862.15.j.doc

released on furlough. Accordingly, the petitioner is to be

released for a period of 14 days on furlough on usual terms and

conditions as set out by the competent authority.

4 Rule is made absolute in above terms. Petition is

disposed of. Office to communicate this order to the petitioner

who is in Yerawada Central Prison, Pune.

            M.S.KARNIK, J.                                                                            ACTING CHIEF JUSTICE

kandarkar




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