Ravindra S/O Ramchandra Kadam vs State Of Maharashtra And Ors
2023 Latest Caselaw 7625 Bom

2023:BHC-AS:21796-DB


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                                                                                   30.WP(ST).9858.2023.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL WRIT PETITION (ST.) NO. 9858 OF 2023

             Ravindra s/o Ramchandra Kadam                                    ... Petitioner
                  Versus
             State of Maharashtra & Ors.                                      ... Respondents

Mr. Rupesh Jaiswal for the Petitioner.

Ms. S. D. Shinde, APP for the Respondent-State.

CORAM : NITIN W. SAMBRE & R. N. LADDHA, JJ

DATED : 1st AUGUST, 2023 P.C.:

1. The prayer for furlough was moved by the Petitioner was

rejected by the order at Exhibit-A and confirmed by the Competent

Authority vide order dated 31/03/2023. As such, this Petition.

2. The contentions of learned Counsel for the Petitioner is even

if the Petitioner is convicted in Sessions Case No. 221/2015 vide

judgment and order dated 04/02/2020 and directed to suffer life

imprisonment till death, the Petitioner is still entitled for furlough.

3. The support is drawn from the judgment of the the Apex

Court in the matter of Atbir vs State of NCT of Delhi reported

in (2022) ALL SCR (Cri) 1351 particularly paragraph no. 17.

According to learned Counsel for the Petitioner, the Apex Court

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while appreciating the concept of furlough have analyzed the

rights of the prisoner and has recorded the finding that extending

the concession of furlough to the prisoner can always be subject

to the maintaining good conduct of the prisoner.

4. Mr. Jaiswal, learned Counsel for the Petitioner would further

urge that there is no adverse report against the Petitioner qua his

conduct but for the apprehension of the Respondent that in case if

the Petitioner is released on furlough, he is likely to abscond.

5. Learned APP submits that once the Petitioner is convicted

and sentenced to life imprisonment till his death in the natural

course, the provision of furlough are not available to the Petitioner.

According to her, the police report is also negative qua the claim

of the Petitioner.

6. We have appreciated the submissions.

7. In the aforesaid judgment of Arbit (supra) the Apex Court

had an occasion to consider the right of the prisoner who was

convicted for life imprisonment till his death. The Apex Court while

dealing with the right of the prisoner to be released on furlough

has noted that if the prisoner maintains the good conduct,

furlough cannot be denied as the matter of course.

8. The fact remains that the Apex Court has recorded the said

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findings are based on the reformative approach to be adopted and

in such an eventuality the incentive for good conduct are to be

extended to the prisoner.

9. In this background, we hereby quash and set aside the

impugned orders.

10. We direct the Respondent-Jail Authority to decide the claim

of the Petitioner for releasing the Petitioner on furlough

particularly having regard to his conduct in the light of the

observations made by the Apex Court in the matter of Atbir

(supra).

11. The Petition stands allowed in the above terms.

            (R. N. LADDHA, J)                            (NITIN W. SAMBRE, J.)




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