Abhishek Sureshkumar Singh @ ... vs The State Of Maharashtra
2017 Latest Caselaw 9996 Bom

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

                          CRIMINAL WRIT PETITION NO. 5075 OF 2017


            Abhishek Sureshkumar Singh @ Harish                           .. Petitioner

                                 Versus
            The State of Maharashtra                                      .. Respondent

                                                  ...................
            Appearances
            Mr. Prosper D'Souza Advocate for the Petitioner
            Mr. Arfan Sait      APP for the State
                                                   ...................



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

DATE : DECEMBER 21, 2017.

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

1. Heard both sides.

2. The petitioner preferred an application for furlough on

16.6.2016. The said application was rejected by order dated

27.2.2017. Being aggrieved thereby, the petitioner preferred

an appeal. The appeal was dismissed by order dated

27.7.2017, hence, this petition.

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                                                             3. cri wp 5075-17.doc

3. The application of the petitioner for furlough came to

be rejected mainly on the ground that the petitioner had

entered into the office of the builder and fired with a

unlicensed pistol and thus, committed murder. In view of

this fact, it was apprehended that if the petitioner is released

on furlough, he may again commit similar offence.

4. We have perused the judgment of the Sessions Court

whereby the petitioner came to be convicted and sentenced

under Section 302 r/w 34 of IPC. The said case is Sessions

Case No. 436 of 2011 and the Judgment & Order is dated

12.5.2016 passed by the learned Sessions Judge, Sessions

Court, Greater Mumbai. On perusal of the said judgment

especially paragraph 49 thereof shows that only the person

in Green tee-shirt fired in the direction of Ajit who was the

bodyguard of the builder. This person was apparently

accused No. 3. The evidence shows that the petitioner who

was accused No. 4 in the said case was wearing yellow shirt

on the date of the incident. On going through the record of

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the Sessions case, it is seen that only accused No. 3 fired at

Ajit and not the present petitioner.

5. Thus, looking to the record in the Sessions Case, it is

clear that the petitioner is not the person who has fired,

hence, we are of the opinion that the application of the

petitioner for furlough has been rejected on the wrong

ground. In this view of the matter, the orders dated

27.2.2017 and 27.7.2017 are set aside.

6. The petitioner to be released on furlough on the usual

terms and conditions as imposed by the Competent

Authority.

7. Rule is made absolute in the above terms.

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




jfoanz vkacsjdj                                                            3 of 3