Bombay High Court
Kalyan Arjun Shewale (C-5292) vs The Addl. Director General Of ... on 7 October, 2021
Bench: V.K. Jadhav, Shrikant Dattatray Kulkarni
979.21WP.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
957 CRIMINAL WRIT PETITION NO.979 OF 2021
KALYAN ARJUN SHEWALE (C-5292)
VERSUS
THE ADDL. DIRECTOR GENERAL OF POLICE AND
INSPECTOR GENERAL OF PRISONS, AURANGABAD AND
OTHERS
...
Ms.Sharada P. Chate, advocate for the petitioner.
Mr.R.D. Sanap, APP for the respondent/State.
...
CORAM : V.K. JADHAV
AND
SHRIKANT D. KULKARNI, JJ.
DATE : 07TH OCTOBER, 2021
PER COURT :-
1. Heard finally with consent at admission
stage.
2. The petitioner is a convict eligible
for furlough. The petitioner-convict has filed
application for grant of furlough, however, the
said application came to be rejected on the
ground of adverse police report in respect of the
surety proposed by the petitioner - convict. It
has been observed in the said police report that
the said surety is not residing in the village
for last 10 years in terms of the report
submitted by the Sarpanch of the village and
even though the Police officials have tried to
contact the surety on phone, the said surety was
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not responding. Except this, there is no further
adverse remark as against the petitioner -
convict to release him on furlough.
3. Learned counsel for the petitioner -
victim has brought our attention to the case of
Dipak Sudhakar Wakalekar V/s State of Maharashtra
and others reported in 2011 Cri. L.J. 3263,
wherein the Full Court of this bench has dealt
with the issue and in paragraph 23 of the
judgment has made the following observations :-
"23. In the light of the discussion made
above, we hold that as per the proviso to
rule 6 of the Rules 1959 a convict
confined in open prison can be released
on furlough by the Sanctioning Authority
by dispensing with the requirement of
execution of bond by the relatives.
We hold that a convict confined in
open prison can be released on parole by
the authorities by dispensing with
requirement of extent in the absence of
any contrary provision in the Special Act
or any special provision excluding the
jurisdiction or applicability of the
Code."
4. In the instant case, admittedly the
petitioner-convict is in Open Prison, Paithan. In
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view of the same, the petitioner - convict can be
released on furlough but the Sanctioning
Authority has declined to release the petitioner
on furlough by dispensing with the requirement of
bond by the relatives. The proviso to rule 6 of
the Prisons (Bombay Furlough and Parole) Rules,
1959, specifically provides that the Sanctioning
authority may dispense with the requirement for a
surety where prisoners are confined in open
prisons as defined in clause (b) of rule 2 of the
Maharashtra Open Prison Rules, 1971.
5. In view of the same, there is no reason
to deny the furlough to the petitioner - convict
under the pretext of adverse police report. We
expect the early action from the Jail Authority.
In view of the same, we proceed to pass the
following order :-
ORDER
1. Writ Petition is hereby allowed in terms of
prayer clause "b".
2. The Petition is accordingly disposed
of.
(SHRIKANT D. KULKARNI, J.) (V.K. JADHAV, J.)
SGA
