Diwakar S/O Rambhauji Dhobale (In Jail) v. State Of Maha., Thr. Dy. Inspector General Of Police And Dy. Insp. General Of Police, Ngp. And Anot

2206wp370.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.370 OF 2015 (Diwakar s/o Rambhauji Dhobale vs. The State of Maharashtra and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri M. Rai, Advocate for petitioner.

Shri T.A. Mirza, Additional Public Prosecutor for respondents.

-------- CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : JUNE 22, 2015 Heard respective Counsel for the parties.

Perused impugned order dated 3/4/2015 and reply filed by respondent no.2.

The petitioner is in Jail since last two years. Furlough leave has been denied to him on the ground that safety of wife of deceased is likely to be jeopardized, if he is so released.

Shri Rai, learned Counsel for petitioner, submits that petitioner has no criminal antecedents and apprehension expressed by respondents is without any basis.

Shri Mirza, learned Additional Public

2206wp370.15 2/2 Prosecutor for respondents, submits that this is the first furlough application of petitioner and the petitioner has put in just two years in prison. According to him, there has to be some cooling period so as to allow relatives of deceased to calm down and even feelings of the petitioner to be quenched.

After hearing respective Counsel, we find that only reason for denial of furlough to petitioner is likely threat to life of wife of deceased. The said apprehension of respondents is not supported by any material.

We, therefore, find that reason ill founded. The impugned order is, therefore, quashed and set aside. The petitioner is directed to be released on furlough within a period of two weeks from today after obtaining necessary surety and bond. If necessary, the Authorities may also pass suitable orders restricting his entry to a particular area. The criminal writ petition is thus partly allowed. No costs.

JUDGE JUDGE khj