Vijay Vishnu Kambli vs The State Of Maharashtra
2017 Latest Caselaw 7690 Bom

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

                         CRIMINAL WRIT PETITION NO.2125 OF 2017

        Vijay Vishnu Kambli (Through Jail)                  ....       Petitioner
                 Versus
        The State of Maharashtra                            ....       Respondent

Mr. Abhaykumar Apte, Appointed Advocate, for the Petitioner. Mrs. G.P. Mulekar, A.P.P., for the Respondent-State.

CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 28TH SEPTEMBER, 2017.

ORAL JUDGMENT : [ Per Smt. V.K. Tahilramani, J. ]

1. Heard both sides.

2. The Petitioner preferred an application for furlough on 19 th May

2016. The said application came to be rejected by order dated 20 th

December 2016. Being aggrieved thereby, the Petitioner preferred

an Appeal. The Appeal was dismissed by order dated 8 th March

2017; hence this Petition.

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3. The application of the Petitioner for furlough came to be

rejected mainly on the ground that, if the Petitioner is released on

furlough, there would be danger to the life of the Complainant and

the witness. Hence, on account of the said fact, if the Petitioner was

willing to stay 200 kms. away from his place of residence during his

period of furlough, then, the Jail Authorities were inclined to grant

furlough to the Petitioner. However, the Petitioner indicated that he

was not willing to stay 200 kms. away from the place of his residence

during his period of furlough, hence, his application for furlough

came to be rejected.

4. The Petitioner is undergoing imprisonment, as he has

committed the murder of his wife. As far as the grounds for rejection

are concerned, the Complainant is a Police Officer. Hence, he

certainly cannot state that there is danger to his life from the

Petitioner. As far as the witness, i.e. Smt. Sangita S. Parab, is

concerned, who is residing in the same building as that of the

Petitioner, she has stated that she has no objection to the Petitioner

being released on furlough.

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5. In this view of the matter, we are of the opinion that the order of

rejection and the appellate order needs to be set aside. Accordingly,

it is set aside. The Petitioner be released on furlough on usual terms

and conditions, as would be imposed by the Jail Authorities.

However, it is made clear, that no condition shall be imposed that the

Petitioner should spend his period of furlough 200 kms. away from

the place of his residence and the Petitioner is allowed to spend his

period of furlough at the place of his residence i.e. in Borivali,

Mumbai.

6. Writ Petition is allowed.

7. Rule is made absolute in the above terms.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ SMT. V.K. TAHILRAMANI, J.]

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