Shaikh Afsar Shaikh Akbar v. The State Of Maharashtra

Cri.W.P.No.903/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.903 OF 2015 Shaikh Afsar Shaikh Akbar ...

PETITIONER

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri S.D. Kaldate, A.P.P. for the respondent/ State .....

CORAM:

S.S. SHINDE AND A.I.S. CHEEMA, JJ.

DATED:

29th July, 2015.

ORAL ORDER :

1.

The convict Shaikh Afsar Shaikh Akbar, who is undergoing imprisonment in Central Prison, Aurangabad, has addressed a letter to the Hon'ble the Chief Justice making grievance that the respondents/ authorities are not favourably considering his prayer for releasing him on furlough leave.

Cri.W.P.No.903/2015 2.

With the able assistance of learned A.P.P. appearing for the respondent/ State, we have carefully perused the contents of the application received from the convict and also the order passed by the respondents/ authorities, by which prayer for furlough leave was rejected. Upon perusal of the impugned order, it appears that, when the applicant was earlier released on furlough leave on 20.10.2000 for 14 days, he did not surrender and absconded and he was arrested by the Jinsi Police Station, Aurangabad on 2.6.2013 and accordingly he is lodged in prison. As such, it appears that, for more than 12 1/2 years the applicant absconded when he was released on furlough for 14 days on 20.10.2000. By any stretch of imagination, no discretion can be exercised in favour of the applicant who has absconded from the clutches of law for more than 12 1/2 years. In that view of the matter, the petition sans merits and hence, same is rejected.

(A.I.S. CHEEMA, J.) ( S.S. SHINDE, J.) fmp/cwp903.15