Sagar Ganpatrao Lohar vs The State Of Maharashtra And Ors
2021 Latest Caselaw 11244 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 1522 OF 2020

Sagar Ganpatrao Lohar                                                ...Petitioner

         Versus

The State of Maharashtra & Ors.                                      ...Respondents
                                                    ...
Advocate Harjeet Kaur for Petitioner.
Mrs. S.D. Shinde, APP for State.
                                                    ...

                                        CORAM : S. S. SHINDE &
                                                N. J. JAMADAR, JJ.

DATE : 18th AUGUST, 2021.

ORAL JUDGMENT [PER S.S. SHINDE, J.]:

1. Rule. Rule made returnable forthwith and heard with the consent

of learned counsel appearing for the parties.

2. This petition is filed with following substantive prayer:-

                           a)      That this Hon'ble Court quash by Writ
                           Order,       direction         quash     the   Order         dated

04/02/2020 to rejecting the Appeal for Furlough Leave and Order dated 23/07/20219 rejecting the Furlough Leave Application of the Respondents;

Bhagyawant Punde





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3. Learned counsel for the petitioner submits that the application

filed by the petitioner for furlough leave has been turned down only on the

ground that, when the petitioner was earlier released on parole, he did not

report back in time, however, he surrendered late by 37 days. Learned counsel

for the petitioner submits that an offence was registered for overstay by the

petitioner for 37 days and the petitioner is punished for the same. Therefore,

she submits that the reasons assigned in the impugned order are unsustainable.

4. On the other hand, the learned APP appearing for State relying

upon the reasons stated in the impugned order submits that the petition may

be rejected.

5. Upon appreciating the rival contentions and keeping in view the

fact that the petitioner has already been punished for overstay of 37 days,

there is no question of rejecting his application on that ground. If the

application of the petitioner is turned down on that ground, it will amount to

double jeopardy.

6. In that view of the matter and keeping in view the fact that the

petitioner had already undergone 8 years, 1 month and 25 days actual

imprisonment, we are inclined to allow this petition. Accordingly, the writ

petition is allowed in terms of prayer clause (a).

Bhagyawant Punde





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7. Respondent No. 4 is directed to release the petitioner on

furlough on fulfillment of procedural requirements.

8. The Petitioner after availing the furlough leave shall surrender

before the jail authority in time.

9. Rule made absolute to the aforesaid extent. The writ petition

stands disposed of.

10. Parties to act upon an authenticated copy of this order.

      ( N. J. JAMADAR, J.)                                      (S. S. SHINDE, J.)




Bhagyawant Punde