Rajaram Shripati Banduke v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.990 OF 2016 Rajaram s/o. Shripati Banduke, Age: 61 year, Occu: Nil Prisoner Convict No.7147, R/o. At Kudaj, Tal.Shehgaon, Dist. Hingoli At present in Central Prison at Aurangabad.
PETITIONER
VERSUS
1.
The State of Maharashtra 2.
The Deputy Inspector General of Prison, Aurangabad 3.
The Superintendent of Police, Hingoli (Rural), District Hingoli.
4.
The Superintendent of Central Prison, Aurangabad. RESPONDENTS ...
Mrs.B.B.Gunjal, Advocate (Appointed) for the petitioner.
Mr.D.R.Kale, APP for Respondent/State.
...
CORAM: S.S.SHINDE & SANGITRAO S.PATIL,JJ.
Reserved on : 19.09.2016 Pronounced on : 22.09.2016 JUDGMENT: (Per S.S.Shinde, J.):
Heard. Rule. Rule made returnable
forthwith and heard finally with the consent of the parties.
2.
This Petition takes exception to the letter/order dated 24.05.2016 issued by respondent no.2. The petitioner further seeks direction to respondent no.2 to release the petitioner on furlough leave on his personal bond.
3.
The petitioner is undergoing the sentence of the life imprisonment in Central Prison at Aurangabad. He applied for furlough on 05.05.2016 before respondent no.2.
Respondent no.3 sent an adverse report to respondent no.2 on 13.05.2016, mentioning therein that nobody is ready to stand as surety to the petitioner. Respondent no.2 rejected the application of the petitioner for grant of furlough. Hence this Petition.
4.
The learned counsel appearing for the petitioner submits that when the convict
is not able to furnish surety, the authority has discretion to release him on executing personal bond. In support of the said contention, learned counsel placed reliance on the reported judgment in the case of Dipak Sudhakar Wakelekar Vs. State of Maharashtra and ors.1 and Natia Jiria Vs. State of Gujrat and others2.
5.
On the other hand, the learned APP appearing for the respondent - State submits that the Authority has discretion to consider the prayer to release the convict undergoing the sentence in Open Prison on furlough on executing personal bond, however, not in the case of the convicts, who are undergoing imprisonment in the Prisons other than Open Prison.
6.
We have considered the submissions of the learned counsel appearing for the 2011 Cri.L.J.3263 1984 Cri.L.J.936
petitioner and the learned APP appearing for the respondent - State. It is not in dispute that since the year 2011 the petitioner is undergoing imprisonment and he is entitled to be released on furlough.
7.
The Division Bench of the Bombay High Court at Nagpur in the case of Bhimrao Nathuji Bhoyar Vs. Superintendent, Amravati Central Prison, Amravati3 keeping in view the facts of that case directed respondent authorities to release the petitioner therein on furlough on his executing a personal bond without insisting for furnishing surety relying upon the Full Bench decision of the Gujrat High Court in the case of Natia Jiria Vs. State of Gujrat and others (cited supra). It is true that in that case though the order was passed by the Competent Authority on 5 occasions to release the petitioner on furlough, he could not avail of the same due 2003 (1) Mh.L.J. 567
to his inability to furnish surety. However, the fact remains that the petitioner therein was undergoing sentence in Central Prison, Amravati. Therefore, we are of the opinion that the case of the petitioner herein deserves to be considered afresh by respondent no.2. In the circumstances, the impugned letter/order dated 24.05.2016 stands quashed and set aside. Respondent no.2 is directed to reconsider the request of the petitioner to release him on furlough on his executing personal bond only without surety, as expeditiously as possible, however, within 8 weeks from today.
8.
Rule is made absolute in above terms. Criminal Writ Petition stands disposed of accordingly.
9.
Since, Mrs.B.B.Gunjal, the learned counsel is appointed as amicus curie to prosecute the cause of the petitioner, her
fees be paid as per the schedule of fees maintained by the High Court Legal Services Sub-Committee, Aurangabad.
Sd/- Sd/- [SANGITRAO S.PATIL] [S.S.SHINDE] JUDGE JUDGE DDC