Bannasingh Attarsingh Bawari vs State Of Mah. Thr. Deputy ...
2021 Latest Caselaw 4948 Bom

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


                        CRIMINAL WRIT PETITION NO. 40/2021


          Bannasingh Attarsingh Bawari,
          Convict No. C/8967,
          Aged 50 years, Occ. Nil
          Confined at Central Prison, Nagpur
                                                                        .... PETITIONER

                                        // VERSUS //

 1]       State of Maharashtra,
          Through Deputy Inspector General
          of Prison, East Region, Nagpur

 2]       The Superintendent,
          Central Prison, Nagpur

                                                                   .... RESPONDENT(S)

  *******************************************************************
              Ms. S.D. Wankhede, Advocate for the petitioner
              Shri S.P. Deshpande, Addl. PP for the respondents
  *******************************************************************

                               CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

MARCH 18, 2021

ORAL JUDGMENT : (PER:- Z.A. HAQ, J.)

1] Heard.

2] RULE. Rule made returnable forthwith.

 ANSARI




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 3]               The application filed by the petitioner seeking furlough leave is

rejected by the respondent no. 1 on the ground that the details of the surety

proposed by the petitioner are not given and if the petitioner is released on

furlough leave, there is possibility that he will abscond.

4] The petitioner is in jail since 2012. This is the first application

by the petitioner seeking furlough leave. The material on record produced by

the respondents does not show the basis for coming to the conclusion that if

the petitioner is released on furlough leave, he will abscond. In our view, the

petitioner is entitled for furlough leave however on the conditions imposed

by this order.

 5]               Hence, the following order :-



                  (a)          The impugned order is set aside.



                  (b)          The respondents are directed to release the

                  petitioner on furlough leave for 28 days,         however on such

terms and conditions as may be imposed by the respondent no.

2 - Superintendent of Central Prison, Nagpur.

 ANSARI




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                  (c)          The petitioner shall give the details of the surety

proposed by him and on receipt of such details, the respondent

no. 2 - Superintendent of Central Prison, Nagpur shall cause

appropriate enquiry in the matter and if he is satisfied about the

genuineness of the surety proposed by the petitioner, the

petitioner be released within 10 days from the receipt of the

details of the proposed surety.

Rule is made absolute in the above terms.

                   (JUDGE)                                   (JUDGE)




 ANSARI