Bombay High Court
Aaba Alias Munjaba Rajebhau Giri ... vs The State Of Maharashtra And ... on 7 June, 2021
Bench: Ravindra V. Ghuge, B. U. Debadwar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.557 OF 2021
AABA ALIAS MUNJABA RAJEBHAU GIRI (C-7808)
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri Parghane Madhukar M.
APP for the Respondents/ State : Shri S.J. Salgare
...
CORAM : RAVINDRA V. GHUGE
&
B. U. DEBADWAR, JJ.
DATE :- 07th June, 2021
Per Court :-
1. By this petition, the petitioner has put forth prayer clause "B",
which reads as under :-
"B] The petitioner may kindly be released on furlough leave."
2. We have heard this matter for a considerable time. We have
perused the order passed by this Court (Coram : R.M.S. Khandeparkar &
Mrs.V.K.Tahilramani, JJ) dated 07.09.2010 in Criminal Writ Petition
No.1319/2007 in the matter of Kisan Nathu Pardesi vs. State and the
judgment dated 05.05.2011 delivered by this Court (Coram : Smt.V.K.
Tahilramani and M.L. Tahaliyani, JJ) in Criminal Writ Petition
No.258/2011 in the matter of Murlidhar Ramchandra Bhalerao vs. State
of Maharashtra. In Murlidhar Bhalerao (supra), this Court held in
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paragraphs 6, 7 and 8 as under :-
"6. A similar view was taken by the Division Bench of this
Court in the order dated 07.09.2010 in Criminal Writ
Petition No.1319 of 2007 (R.M.S. Khandeparkar and
Mrs.V.K. Tahilramani, JJ.) in the case of Kisan Nathu
Pardesi vs. State. In the said case also the prisoner's
application for furlough was rejected as he had not
surrendered in time after expiry of furlough period and
he had to be arrested and brought back by the police.
The prayer of the petitioner in that writ petition that the
petitioner should be granted furlough as it was his right,
was rejected.
7. Prisoners time and again claim that furlough is a right
granted to them. Even assuming it is a right, once they
have been given this right and they avail of it, they have
a corresponding duty to report back to the prison in
time. The prisoner cannot conveniently forget this duty
and then again come to the Court claiming that they
have a right to be released on furlough. The prisoner
cannot abuse the right and then again claim the same
relief from the Court. Once he abuses this right, he loses
the right to claim the very same relief as of right.
8. If a prisoner has not reported back to the prison after the
expiry of furlough leave, he does not deserve any
sympathy. Looking to the past record of the petitioner,
the order of rejection does not call for any interference.
Rule discharged."
3. At this juncture, the learned advocate for the petitioner seeks
leave to withdraw this petition.
4. In view of the above, this Criminal Writ Petition stands
dismissed as withdrawn.
kps (B. U. DEBADWAR, J.) (RAVINDRA V. GHUGE, J.)
