Bombay High Court
Mangesh Datta Gade vs The State Of Maharashtra And Ors on 15 July, 2021
Bench: S.S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1349 OF 2021
IN
WRIT PETITION NO. 1051 OF 2020
Mangesh Datta Gade ...Applicant
Versus
The State of Maharashtra & Ors. ...Respondents
...
Mr. Bhavesh M. Thakur for Applicant/Petitioner.
Mr. V.B. Konde-Deshmukh, APP for State.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 15th JULY, 2021.
P.C.:
1. This application is filed by the applicant in Writ Petition
No. 1051 of 2020. The said writ petition was heard by this Court
(Coram:- S.S. Shinde & M.S. Karnik, JJ.) and disposed of by
judgment/order dated on 15th October 2020. The operative part of
the said judgment reads as under:-
ii) The Writ Petition is allowed.
ii) The order dated 30.01.2020
passed by Additional Director General of
Police and Inspector General of Prisons,
Maharashtra State is quashed and set
aside.
Iii) The Petitioner is entitled to
Bhagyawant Punde
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released on furlough for 15 days subject
to such terms and conditions which the
Respondent No. 2-the Superintendent of
Jail, Yerwada, Pune Central Prison may
impose including reporting at the
Chaturshrungi Police Station, Pune, at
regular intervals.
iv) The Respondent No. 2 to ensure
that the Petitioner's furlough is made
effective only after the co-accused Rakesh
Jadhav surrenders. In the event, the co-
accused Rakesh Jadhav has already
surrendered then the Petitioner's
furlough release be processed forthwith.
2. It is the contention of learned counsel appearing for the
applicant/petitioner that due to aforesaid clause (iv) of the operative
order, the applicant is not in a position to avail the furlough leave.
Therefore, by way of filing this application the applicant has sought
modification of the clause (iv) of the order dated 15 th October 2020.
3. Learned counsel appearing for the applicant has
tendered across the bar, affidavit of one Mr. Sandip Shivaji Adasul,
who is relative of the petitioner from maternal side. The same is
taken on record. The paragraphs 1 to 4 of said affidavit read as
under:-
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1. I say that I reside at the above
address since my childhood. I say that I
know Mangesh Gade as he is my maternal
cousin brother.
2. I say that my residence mentioned
above is approximately 25-30 kms away
from the Pune city. It comes within rural
gramin area of Pune District.
3. I further say that if at all this
Hon'ble Court considers releasing
Mangesh Gade on furlouh leave. I say that
Mangesh Gade will reside with me at
above mentioned address and will not
enter the Pune city.
4. I say that the above contents were
read and explained to me in Marathi
whatever stated above is true and correct
and best of my knowledge and I believe to
be true.
4. It is further submitted that in view of Clause (Iii) of the
judgment dated 15th October, 2020, the applicant will have to report
Chaturshrungi Police Station, however, the applicant/petitioner has
given an oral undertaking that in case he is released on furlough,
he will not enter into the Pune City. Therefore, the condition in
Clause (Iii) of the operative order needs to be modified.
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5. Learned counsel for the applicant/petitioner on
instructions submits that in case the petitioner is released on
furlough leave, he will not enter into the Pune City.
6. Though, this Court (Coram:- S.S. Shinde & M.S. Karnik,
JJ.) has passed the order/judgment dated 15 th October, 2020, the
petitioner has not availed furlough leave due to condition mentioned
in aforesaid clause (iv) of the order.
7. It appears that co-accused Rakesh Jadhav is on Covid-
19 emergency parole and his parole has been extended by 30 days
time to time, as provided under the relevant Rule. Therefore, he is
not likely to surrender in near future as long as order granting him
covid-19 emergency parole is in force.
8. So far as clause (iv) of the operative part of the
order/judgment dated 15th October, 2020 is concerned, in the light
of discussion in foregoing paragraphs, we recall the said clause and
instead of that we accept the undertaking of the petitioner that the
petitioner will stay with Mr. Sanjay Adasul during the period of his
furlough leave. Accordingly, the following order:-
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ORDER
A] The Petitioner be released on furlough leave for 15
days on a condition that he will stay with Mr.
Sanjay Adasul at his residence as mentioned in the
affidavit and will not enter into the Pune City.
B] Since, the petitioner has undertaken not to enter
into the Pune city, during the period of furlough
leave, the petitioner will not be in a position to
report the Chaturshrungi Police Station. In that
view of the matter, the petitioner to report to the
local police station nearby Ekta Colony Road,
Uttamnagar, Pune, the place where the petitioner is
going to stay with Mr. Sandip Adasul.
C] The Petitioner shall report to the local police station
nearby Ekta Colony Road, Uttamnagar, Pune, where
the petitioner is going to stay, twice a week i.e. on
Wednesday and Saturday in between 11.00 a.m. to
1.00 p.m.
D] The Superintendent of Yerwada Central Prision, is
directed to expedite the process to release the
petitioner on furlough.
E] The application is allowed to above extent and same
stands disposed of.
F] All parties to act upon an authenticated copy of this
order.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
