Bombay High Court
Umesh S/O Ashokrao Athavale vs Deputy Inspector General ... on 4 May, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 276 OF 2021
Umesh S/o. Ashokrao Athavale,
Aged about 33 years,
R/o. Samata Nagar,
Near Gautam Buddha Statute,
Paratwada Road, Walgaon,
Tq. Bhatkuli, Dist. Amravati
(Convict No. C/5668, At present at
Amravati Central Prison). . . . PETTIONER
...V E R S U S..
1. Deputy Inspector General (Prisons),
(Eastern Region), Nagpur.
2. The Superintendent,
Amravati Central Prison,
Amravati. . . . RESPONDENTS
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Ms. Sonali Khobragade, Advocate for petitioner.
Ms. Samshi Haider, A.P. P. for respondents/State.
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CORAM :- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 04.05.2021
JUDGMENT (PER :AMIT B. BORKAR, J.) :-
1. Heard.
2. Rule. Rule made returnable forthwith.
3. By this petition under Article 226 of the Constitution of
India, the petitioner has sought directions against the respondents to
release the petitioner on furlough leave of 28 days.
2 33-wp-276-21j.odt
4. The petitioner is convict under Sections 302, 307, 143, 147
and 148 of the Indian Penal Code. On the date of filing of furlough
leave application, the petitioner had undergone imprisonment of 4
years, 28 days. On 26.12.2019, the petitioner filed an application for
furlough leave of 21 days. The said application was rejected by order
dated 24.12.2020. The said application is rejected on the ground that
economic capacity of the surety, who is sister of the applicant, is not
sound.
5. The petitioner has therefore filed the present petition
seeking directions to release him on furlough leave. This Court on
23.03.2021 issued notice to the respondents. The respondents have not
filed reply in the matter.
6. We have carefully considered the impugned order. It
appears that the application for release of the petitioner on furlough
leave has been rejected on the ground that the proposed surety is
financially feeble. Learned Advocate for the petitioner has placed
reliance upon the judgment of Division Bench of this Court in Criminal
Writ Petition No. 376/2020 (Dinesh S/o. Ashokrao Athawale Vs.
Deputy Inspector General of Prison, decided on 05.11.2020), wherein
in paragraph no. 8 it is observed that financial constrains of surety
cannot be impediment to release the convict on furlough leave, who is
otherwise eligible to be released on furlough leave.
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7. Learned A.P.P. expressed apprehension that if the petitioner
is released on furlough leave, it is likely that the petitioner will breach
peace and tranquility in the area, where the complainant is residing.
This apprehension can be taken care of by directing that the petitioner
shall not enter Amravati District, if he is released on furlough leave.
We are therefore satisfied that the petitioner deserves to be released on
furlough leave.
8. We, therefore, pass the following order :-
i) The order dated 24.12.2020 passed by the respondent
no. 1, rejecting the application of the petitioner for furlough leave is
quashed and set aside.
ii) The respondents are directed to grant furlough leave of 28
days to the petitioner on executing personal bond, in the sum as the
respondents deem fit and proper in the circumstances of the present
case, without insisting the petitioner to furnish surety.
iii) The respondents shall be at liberty to impose suitable
conditions as per Rules for release of the petitioner on furlough leave.
Rule is made absolute in the above terms.
JUDGE JUDGE
RR Jaiswal
