Rashid Anis Pawale vs The State Of Maharashtra And Ors
2017 Latest Caselaw 8913 Bom

 jdk                                                1                                              15.crwp.4082.17.j.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                     CRIMINAL W.P.NO. 4082 OF 2017

Rashid Anis Pawale                                                               ]
Adult, Indian Inhabitant,                                                        ]
Presently lodged at Aurangabad                                                   ]
Central Prison, Aurangabad,                                                      ]
204, Chudi Mohallah,                                                             ]
Near Shakkarshah Masjid Bhiwandi,                                                ]
Thane                                                                            ].. Petitioner

                    Vs.

     1)            The State of Maharashtra
                                       ]
                   Through Secretary, Home
                                       ]
                   Department, Mantralaya,
                                       ]
                   Mumbai-400 032      ]
                                       ]
     2)    The Deputy Inspector        ]
           Generalof Prison,           ]
      Central Prison, Aurangabad       ]
                                       ]
     3)     The Superintendent,        ]
            Aurangabad Central Prison, ]
            Nasik                      ].. Respondents


                              ....
Mrs. A.M.Z.Ansari Advocate along with Mrs. Nasreen S.K. Ayubi
Advocate for Petitioner
Mr. Arfan Sait A.P.P. for the State
                              ....


                                        CORAM : SMT.V.K.TAHILRAMANI AND
                                                M.S.KARNIK, JJ.

DATED : NOVEMBER 21, 2017

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

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jdk 2 15.crwp.4082.17.j.doc

1 Heard both sides.

2 The petitioner preferred an application for furlough on

3.8.2016. The authorities were inclined to release the petitioner

on furlough, however, they wanted him to furnish surety who is

200 kms. away and also the petitioner to stay 200 kms. away as

it was apprehended that if the petitioner is released on furlough

and stays in Bhiwandi where his residence is situated, there

would be danger to the lives of the witnesses who reside in

Bhiwandi. However, as the petitioner could not furnish a surety

who was 200 kms. away and it was not possible for him to stay

200 kms. away, the application of the petitioner for furlough

came to be rejected by order dated 26.4.2017. Being aggrieved

thereby, the petitioner preferred an appeal. The appeal was

dismissed by order dated 1.9.2017, hence, this petition.

3 The learned counsel for the petitioner states that

relative of the petitioner by name Sultan Hasan Shaikh is

residing at Khardi, Taluka Shahapur, District Thane in

Maharashtra and the petitioner will furnish surety of the said

relative and will also reside in the house of Sultan Hasan Shaikh

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jdk 3 15.crwp.4082.17.j.doc

during furlough leave. Admittedly, the distance between Khardi

and Bhiwandi is more than 35 kms. In this view of the matter,

we are inclined to release the petitioner on furlough on the

condition that during the period he is on furlough, he will reside

at the above mentioned address at Khardi and he will not enter

within the limits of Bhiwandi. In addition, the authorities may

impose such conditions as they may deem fit. The petitioner is

granted six weeks' time to comply with all the necessary

formalities. Rule is made absolute in above terms. Petition is

disposed of.

[ M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

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