Laxminarayan S/O Shravanji Kinkar vs The State Of Mah. Thr. Superintendent Of ...
2024 Latest Caselaw 1312 Bom

Bombay High Court

Laxminarayan S/O Shravanji Kinkar vs The State Of Mah. Thr. Superintendent Of ... on 18 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:907-DB




               Judgment                                                         wp32.24

                                                 1


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


                           CRIMINAL WRIT PETITION No. 32/2024.


              Laxminarayan s/o Shravanji Kinkar,
              Aged Adult, Occupation - Nil,
              resident of Plot No.27, Mahakali
              Nagar, Manewada Road, Nagpur
              Presently at Prisioner No.C-705(152),
              Open Jail Morshi.                            ...     PETITIONER.


                                             VERSUS

              1.The State of Maharashtra,
              through Superintendent of Prison,
              Open Jail Morshi, District Amravati.

              2.The State of Maharashtra,
              through Dy. Inspector General of
              Police [Prisons], East Zone,
              Nagpur.                                      ...   RESPONDENTS.


                                      ---------------------------------
                      Mr. S. Singha, Advocate [Appointed] for the Petitioner.
                               Mr. A. Badar, A.P.P. for Respondents.
                                      ----------------------------------

                                         CORAM : VINAY JOSHI AND
                                                 VRUSHALI V. JOSHI, JJ.

                                         DATE        : JANUARY 18, 2024.

              Rgd.
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                                   2


ORAL JUDGMENT (PER VINAY JOSHI, J.) :

Heard.

Rule. Rule is made returnable forthwith and by consent of

the learned Counsel for the parties, the matter is taken up for final

disposal.

2. The petitioner has been convicted in Sessions Case

No.59/2014 for the offence punishable under Section 302 of the

Indian Penal Code and is serving the sentence of life imprisonment.

The petitioner has applied for grant of furlough leave. Respondent

no.2 has granted furlough leave by imposing certain conditions,

which caused the petitioner to invoke the inherent jurisdiction of this

Court.

3. The petitioner is aggrieved by only one condition that

"the convict shall furnish surety to the tune of Rs.10,000/- of his

relative." The learned Counsel appearing for the petitioner has

invited our attention to Rule 6 of the Prisons (Bombay Furlough and

Parole) Rules, 1959 which carves out an exception for condition of

Rgd.

Judgment wp32.24

surety only when the prisoner has been confined in open prison.

The learned Counsel for the petitioner has tendered a

communication addressed by the Superintendent of Morshi Open

Prison regarding petitioner's urge for seeking modification. In view

of said communication, it can be reasonably inferred that the

petitioner is housed in open prison. In the circumstances, we find no

difficulty in modifying the condition of surety for release on

furlough. The petition needs to be allowed, hence, the following

order.

ORDER

(i) Criminal Writ Petition is allowed and disposed of.

(ii) The impugned condition namely - to furnish one surety [relative] to the tune of Rs.10000/-, is hereby quashed and set aside. We make it clear that on compliance of rest of the conditions, the order dated 22.06.2023, shall be implemented.

(iii) Rule is made absolute in the aforesaid terms.

(iv) Fees of the appointed Counsel be paid as per Rules.

                                                JUDGE                          JUDGE

                            Rgd.

Signed by: R.G. Dhuriya (RGD)
Designation: PS To Honourable Judge
Date: 23/01/2024 15:11:06