Abdul Rajak Chaparban, Presently Lodged At Modern Jail, Colvale., v. State Of Goa, Thr. The Chief Secretary Of Home Dept. And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 135 OF 2017 ABDUL RAJAK CHAPARBAN, PRESENTLY LODGED AT MODERN JAIL, COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY OF HOME DEPT. AND 2 ORS., ... Respondents Mr. Anoop Atchut Gaoker, Advocate under Legal Aid Scheme for the petitioner.

Mr. M. Amonkar, Additional Public Prosecutor for the respondents.

Coram:- C. V. BHADANG & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 4th August, 2017 P.C.

Heard the learned Counsel for the petitioner and Shri Amonkar, the learned Additional Public Prosecutor for the respondents.

2. The application for furlough filed by the petitioner has been rejected on the ground that there is no family member of the petitioner to give shelter and take care of the petitioner, during the period of furlough. Now the petitioner has filed an affidavit of Mr. Dastangeer Saab Chaparband, who is the father of the petitioner, stating that he is ready to furnish surety bond and give undertaking that he will take care of the petitioner during the

WPCR/135/2017 period of furlough.

3. In view of the said affidavit, the learned Additional Public Prosecutor has no objection for the application being reconsidered by the Competent Authority.

4. In such circumstances, the petition is partly allowed. The impugned order is hereby set aside. The second respondent shall reconsider the application filed by the petitioner in the context of the willingness shown by his father to furnish the surety bond and to take care of the petitioner during the period of furlough. The second respondent shall decide the application as expeditiously as possible and preferably, within a period of two weeks from the receipt of this order.

PRITHVIRAJ K. CHAVAN, J.

C. V. BHADANG, J.

SMA