Rahimtulla @ Papa Sayyad Ali ... vs The State Of Maharashtra And Ors
2017 Latest Caselaw 4892 Bom

Rane                           * 1/3 *     WP-2682-2017 (sr.912)
                                                Friday, 21.7.2017

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

          CRIMINAL WRIT PETITION NO. 2682 OF 2017


Rahimtulla @ Papa Sayyad Ali
Shaikh, Age : 34 years, R/at :
Suparkana Appt. Room No.1 & 2,
Gr. Floor, Ashirwad Hospital,
Ulanchawl, Ambernath (West),
Dist.-Thane.
(At present lodged at Pune
Open Prison, Pune)                                         ......Petitioner

         V/s.

1. The State of Maharashtra

2. The Inspector General of Prison,
Western Region, Yerwada, Pune.

3. The Superintendent,
Pune Open Prison, Pune                             .......Respondents

                                         -------

Mr. D.G. Khamkar, Advocate for the petitioner.

Mr. H.J. Dedhia, APP for respondent, State.


                 CORAM :-         SMT. V.K. TAHILRAMANI, &

                                  SANDEEP K. SHINDE, JJ.

                 DATE :-          21 ST JULY, 2017.





 Rane                           * 2/3 *   WP-2682-2017 (sr.912)
                                             Friday, 21.7.2017

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

1. Heard both sides.

2. The petitioner preferred an application for

furlough on the ground of marriage of his daughter. The

said marriage is to take place on 26th July, 2017 at

Jogeshwari, Mumbai. The said application came to be

rejected by order dated 23rd March, 2017. Being

aggrieved thereby, the petitioner preferred an Appeal

which came to be dismissed.

3. The Learned APP states that, they had verified

and found that infact the marriage of the daughter of the

petitioner is to take place on 26th July, 2017 at

Jogeshwari. We have gone through the jail records which

show that the petitioner was released on furlough on 30th

May, 2015 and he has reported back to the prison on the

due date on his own. Thereafter, the petitioner was

released on furlough on 28th April, 2016 and he has

Rane * 3/3 * WP-2682-2017 (sr.912) Friday, 21.7.2017

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

addition, the petitioner was released on parole on 30th

June, 2015 and he has reported back to the prison on the

due date on his own. In addition, on 12th May, 2012 the

petitioner was released on parole and he has reported

back to the prison on his own, though one day late, for

which he has been warned.

4. Looking to these facts and the conduct of the

petitioner in jail, which is stated to be good, which is seen

from the fact that at present he is in open jail, on

humanitarian grounds, we are inclined to grant furlough

to the petitioner. The petitioner be released on furlough

on usual terms and conditions as set out by the Competent

Authority.

5. Rule is made absolute in above terms.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)