Bhaskar Keshav Kumbhare (C-4846) v. The State Of Maharashtra And Another

1 Cr. W.P. 1305 / 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CRIMINAL WRIT PETITION NO.1305 OF 2022 BHASKAR KESHAV KUMBHARE (C-4846)

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Jaiswal Rupesh A. APP for the respondent - State : Mr. S.J. Salgare ...

CORAM

: MANGESH S. PATIL & SANDIPKUMAR C. MORE, JJ.

DATE : 14 OCTOBER 2022 PC :

Heard.

2.

The petitioner is aggrieved by one of the conditions subject to which he has been granted furlough leave by the order dated 30-08-2022. The condition being to furnish cash security and surety in the sum of Rs.25,000/-, each.

3.

The issue is no more res integra. It has been held by the Full Bench of this Court in the case of Dipak Sudhakar Wakalekar Vs. State of Maharashtra and Others; 2011 ALL MR (Cri.) 1933 that a prisoner confined in the open prison can be released on furlough by the sanctioning authority by dispensing with the requirement of execution

2 Cr. W.P. 1305 / 2022 of the bond in view of Rule 6 of Prisons (Bombay Furlough and Parole) Rules, 1959.

4.

In spite of such emphatic decision of this Court, we wonder as to how in the impugned order, a condition as onerous as indicated herein-above could have been imposed.

5.

Interestingly on a previous occasion, by order dated 25-03-2022 he was released merely on furnishing a cash security of Rs.2000/- and a personal recognizance, still, this time an onerous condition has been imposed. It is not sustainable in law. 6.

We quash and set aside the condition no. 1 from the order dated 30-08-2022 and replace it by following condition :- "Furnishing cash security of Rs. 2000/- and personal recognizance for an amount of Rs.5000/-."

We confirm the rest of the order.

7.

Writ petition is disposed of.

[ SANDIPKUMAR C. MORE ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/