Shrimant @ Wantya Mokinda Pawar (C-7607) v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 268 OF 2020 Shrimant @ wantya Mokinda Pawar C-7607 age major, occ. Nil r/o at present Harsul Open Prison Tq. & Dist. Aurangabad.

Petitioner

Versus

1.

The State of Maharashtra 2.

The Deputy Superintendent of the open prison, Harsul Dist. Aurangabad.

3.

The Deputy Inspector General Harsul Central Prison at Aurangabad Dist. Aurangabad.

Respondents Mrs. S.P.Chate, Advocate for the petitioner.

Mr. S.G. Sangle, APP for all respondents.

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

DATE : 24th February, 2020.

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

Rule. Rule made returnable forthwith.

2.

By consent, heard both the sides for fnal disposal. 3.

Present proceeding is fled for grant of relief of quashing

- 2 - and setting aside the order dated 20.07.2019 passed by respondent No. 3 thereby rejecting the application fled by petitioner seeking release on furlough leave. The reason given for rejection of the application is adverse police report.

4.

Submissions made show that petitioner has been behind bar since more than six years and this is the frst occasion when he will be coming out of the jail on furlough leave. This Court holds that aforesaid grounds are not tenable.

5.

So, the petition is allowed. Order under challenge is set aside. Petitioner be released after taking other surety. If the surety is not available, the petitioner be released on getting personal bond and cash security of the same amount as he is now kept in open jail. Decision be taken within 15 days from today. Rule made absolute in above terms.

6.

Authenticated copy of the order be provided to the parties.

( M. G. SEWLIKAR ) ( T.V. NALAWADE ) Judge Judge dyb