Arjun Jhinga Ransing v. The State Of Maharashtra

crwp1279.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1279 OF 2015 ARJUN JHINGA RANSING

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner : Mr. R.R. Shaikh APP for Respondents: Mr. S.P. Deshmukh .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 7th DECEMBER, 2015 P.C. :- 1.

We have heard Mr. Shaikh, learned counsel for the petitioner. The application has been moved for grant of furlough on cash security. According to the learned counsel, the person who is named as surety is not ready to stand as surety. As such the petitioner would be granted cash security. Learned counsel relies upon the order of this Court in criminal writ petition No. 225 of 2014 and the judgment of Full Bench of Gujarat High court in the case of Natia Jiria vs. State of Gujrat and others, reported in 1984 Cr.L.J. 936. 2.

Mr. Deshmukh, the learned A.P.P. relies on Rule 6 r.w. Rule 10 of Prisons (Bombay Furlough and Parole) Rules 1959 and submits that the requirement of surety is mandatory. Accordingly to

crwp1279.15 -2the learned counsel, the order is rightly passed by the authorities. 3.

We have considered the submissions. Considering the aforementioned two judgments relied upon by the petitioner, the case of the petitioner can be considered as he does not have any other relative to stand as surety.

4.

In case there is no other impediment then the authority shall pass order releasing the applicant on furlough on cash security of Rs.10,000/- subject to such other conditions as deem fit by the authority.

( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/