Altaf Hussain Khwaza Gulam Abbas v. State Of Maharashtra Thr. Deputy Inspector Of General Eastern Region Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 952/2016.

Altaf Hussain Khawaja Gulam Abbas -VERSUSThe 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.

CORAM : B. P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATE : APRIL 05, 2017.

Heard Mrs. A.A. Ghonge, learned Counsel (appointed) for the petitioner and Shri M.J. Khan, learned A.P.P. for respondents.

2.

Perused reply. Furlough leave has been rejected on 10.10.2016 on the ground that petitioner has on two occasions reported late.

3.

Learned counsel for petitioner points out that in addition, adverse police report has been looked into. Perusal of the police report reveals an apprehension expressed by the witnesses about their life.

4.

Learned A.P.P. is supporting the order. He points out that the Appellate Authority has also endorsed the said finding.

5.

The fact that petitioner was released earlier and there is no complaint of any wrong or other similar act, by any of the witnesses, assumes importance. In this background adverse police report cannot be looked into in this situation.

6.

On two occasions, mentioned in paragraph no.4 of the reply, though petitioner has not surrendered on due date, on first occasion he has surrendered late by one day. While on other occasion, he has surrendered himself late by 62 days. Respondents have not pointed out any prison punishment inflicted upon him for such late reporting. Hence, mere late reporting of petitioner cannot be a ground for rejecting furlough leave.

7.

Hence, we direct the respondents to release the petitioner within a period of three weeks on furlough leave, after obtaining necessary bond and undertaking from the petitioner and his sureties, in accordance with law.

8.

Writ Petition is accordingly allowed and

disposed of. No costs.

9.

Fees payable to the learned counsel appointed for the petitioner is quantified at Rs. 1500/-. JUDGE JUDGE Rgd.