Atikul Habibul Rehman Shaikh (C-5087) v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 105 OF 2020 Atikul Habibul Rehman Shaikh Age major, Occ. Convict R/o Khardi Gaon,Kharki Pada near Hanuman Temple, Mumbra, Thane, Mumbai At present Confned in Open Prison Paithan Petitioner

Versus

1.

The State of Maharashtra Through D.I.G.

Prisons, Aurangabad.

2.

The State of Maharashtra Through Superintendent, Open Prison, Paithan Respondents Mr. R.A. Jaiswal, Advocate for the petitioner. Mrs. D.S. Jape, APP for respondents.

CORAM : T.V. Nalawade & M.G. Sewlikar, JJ.

DATE : 31st January, 2020.

JUDGMENT : ( PER T. V. NALAWADE, J.) 1.

Rule. Rule made returnable forthwith.

2.

By consent, heard both sides for fnal disposal.

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The proceeding is fled challenging the order passed by respondent No. 1 by which application fled by present petitioner for furlough leave is rejected. Application is rejected on the ground that there is adverse police report. It is mentioned that the petitioner may not turn up after period of leave is over and it is also contended that as he his not having any property, he may abscond. 4.

The statement made shows that the petitioner has been behind bar as convict for more than 11 years. This will be the frst time when he will come out of jail on furlough leave. The witnesses are bound to take objection in respect of furlough leave but that cannot be a reason for rejection of furlough leave application. 5.

Considering the purpose behind the scheme of furlough leave, this Court holds that the petitioner needs to be granted furlough leave. As he is not able to give surety, he can be released on cash security to give him an opportunity to show that he can mix in the society.

6.

In the result, the petition is allowed. Order passed by

- 3 - respondent No. 1 is quashed and set aside. Furlough leave application fled by petitioner is allowed. He is to be released on furlough leave after taking cash security of Rs. 5,000/- within 15 days and by imposing other usual conditions. Rule made absolute. ( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb