Dilip S/O. Shripat Bhalerao vs The State Of Mah. Thr. D.I.G. ...
2021 Latest Caselaw 9737 Bom

                                                     1                     crwp456.21.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

                  CRIMINAL WRIT PETITION NO. 456/2021

      Dilip s/o Shripat Bhalerao,
      aged 54 years, Convict No.C-10671,
      (Presently at Central Prison, Nagpur),
      Dist. Nagpur.                                           .....PETITIONER

                               ...V E R S U S...

 1. State of Maharashtra through
    D.I.G., Prison (East), Nagpur.

 2. The Superintendent of Central Prison,
    Nagpur, Dist. Nagpur.                                     ...RESPONDENTS

 -------------------------------------------------------------------------------------------
 Mr. A. Y. Sharma, Advocate for petitioner.
 Mrs. N. Tripathi, A.P.P. for respondent nos. 1 and 2.
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE AND
                                       AMIT B. BORKAR, JJ.

DATE:- JULY 26, 2021

ORAL JUDGMENT (Per: Amit B. Borkar, J.)

1. Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for the parties.

2. By this petition under Article 226 of the Constitution of

India, petitioner is challenging order dated 11.05.2021 passed by

respondent no.1, thereby rejecting his application for grant of

furlough leave of 28 days.

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3. The petitioner has been convicted for an offence

punishable under Section 302 of the Indian Penal Code and has

undergone 7 years 7 months and 20 days at the time of filing of

the application for furlough.

4. The petitioner had, on 24.01.2021, filed an application

for furlough, which has been rejected by impugned order dated

11.05.2021. The petitioner has, therefore, filed the present writ

petition. This Court on 02.07.2021 issued notices to respondents.

Respondent no.2 has filed affidavit dated 19.07.2021 stating that

police report submitted by Assistant Commissioner of Police,

Nalasopara, Mira-Bhainder, Vasai-Virar Police Commissionarate, is

adverse to the petitioner as there is a possibility of breach of peace

in the said area. It is also stated that the surety is an old aged

person.

5. We have carefully considered submissions made by

respondent no.2 in the reply. On consideration of police report,

submitted by Assistant Commissioner of Police, there is no

material to support the conclusion drawn by the Assistant

Commissioner of Police that there is a possibility of breach of

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peace in the said area. Undisputedly, application filed by the

petitioner is the first application. Therefore, we do not find

justification in the report submitted by the Assistant Commissioner

of Police apprehending the possibility of breach of peace. Insofar

as the reason of surety being an old aged person is concerned, that

itself cannot be a ground to refuse the petitioner release on

furlough.

6. In view of above, we are satisfied that the petitioner

deserves to be released on furlough. We, therefore, pass the

following order.

The writ petition is allowed. The petitioner shall be

released on furlough leave of 28 days on such conditions as

respondent no.2 deems fit and proper.

Rule is made absolute in the above terms.

                      JUDGE                          JUDGE




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