Bombay High Court
Stive @ Lisban John Miranda vs The State Of Maharashtra And Ors on 12 September, 2024
Author: M.S. Sonak
Bench: M.S. Sonak
904-WPST-19317-24 (F).DOC
2024:BHC-AS:36744-DB
Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION STAMP NO. 19317 OF 2024
Stive @ Lisban John Miranda
Aged 42 years, Occupation- Nil
Residing at 401, Monarch, 2nd Floor,
Hasanabad Lane, Behind St. Teresa
Convent, Santacruz West, Mumbai ...Petitioner
Versus
1. The State of Maharashtra
Through the office of the Public Prosecutor
2. The Superintendent,
Yerawada Open Prison
Yerawada, Pune
...Respondents
3. The Deputy Inspector General
(Prison), Western Region, Pune -6
Mr Manas N. Gawankar, , for the Petitioner.
Smt M.S.Bajoria, APP for the Respondent-State.
CORAM: M.S. Sonak &
Kamal Khata, JJ
DATED: 12th September 2024
ORAL JUDGMENT :-
1. Heard Mr. Manas Gawankar, learned counsel for the
Petitioner and Ms.Bajoria, learned APP for the State.
904-WPST-19317-24 (F).DOC
2. Rule. The rule is made returnable forthwith by consent
of the learned counsel for the parties.
3. The Petitioner was granted furlough for 11 days by
order dated 1st August 2024. Though the Rule permits the
grant of furlough for 28 days, and further on six earlier
occasions, the Petitioner was granted furlough for 28 days, on
this occasion, the Petitioner was granted furlough for only 11
days.
4. On perusing the order dated 1st August 2024, we noticed
that though several conditions have been imposed upon the
Petitioner, as they ought to be, no specific reason has been set
out for restricting the furlough to only 11 days on this
occasion.
5. Learned APP points out that the Petitioner could have
availed of the remedy of Appeal against the order dated 1
August 2024. She submits that even the Petitioner's
application dated 10 September 2024 could be considered an
Appeal. She submitted that this Petition should not be
entertained, considering the Petitioner has an alternate
remedy of Appeal.
6. Typically, we would have accepted this contention. The
904-WPST-19317-24 (F).DOC
self-imposed rule is that the statutory remedy must be
exhausted before rushing to this Court. However, in the
peculiar facts of this case, we propose to interfere, considering
that requiring the Petitioner to avail of the remedy of the
Appeal at this stage would entail the Petitioner returning to
the open jail and once again seeking an extension of 17 days.
Besides, the Petitioner's application dated 10th September
2024 is not like an Appeal against the order dated 1 st August
2024 but is more like a request for an extension of time.
7. Therefore, the learned APP's apprehension that our
order would be treated as precedent may not be correct. This
order is made in the above peculiar circumstances of the case.
8. The Petitioner submitted an application dated 10
September 2024 for an extension of 11 days before the expiry
date. He pointed out that he had been transferred to the open
prison since 28 March 2024. He also pointed out that his
sister was extremely unwell, and since both their parents had
expired, he had to complete certain financial transactions to
help his sister with the illness.
9. No doubt, it is pointed out by Learned APP that no
evidence has been produced along with this application. By
considering the fact that on the last six occasions, there was
904-WPST-19317-24 (F).DOC
no complaint about the Petitioner breaching any of the terms
and conditions subject to which he was released on furlough,
we feel that discretion can be exercised in this matter. There
are no reasons why, on this occasion, furlough was restricted
to only 11 days. The Petitioner's furlough could be extended
for another 17 days, the maximum permissible under the
Rules. We do so.
10. Mr. Gawankar, learned counsel for the Petitioner, states
that the Petitioner will return to confinement on 1 October
2024. He makes this statement based on the Petitioner's
instructions; therefore, this is accepted as an undertaking on
behalf of the Petitioner.
11. The Petition is disposed of. The rule is made absolute.
There shall be no order for costs.
12. All concerned to act on an authenticated copy of this
order.
(Kamal Khata, J) (M.S. Sonak, J)
Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 12/09/2024 19:37:40
