Bombay High CourtWPCR/152/2016disposed of

Mr. Suresh Chanappa, Presently Lodged At Central Jail, Colvale., v. State Of Goa, Thr. The Chief Secretary, Govt. Of Goa And 2 ORS.,

2016-12-20R. P. Sondurbaldota,Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 152 OF 2016 MR. SURESH CHANAPPA, PRESENTLY LODGED AT CENTRAL JAIL, COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND 2 ORS., ... Respondents Ms. D. Tulkar and Mr. S. Pinto, Advocates for the petitioner. Mr. P. Faldessai, Additional Public Prosecutor for the respondents.

Coram:- SMT. R. P. SONDURBALDOTA & C. V. BHADANG, JJ.

Date:- 20th December, 2016 P.C.

The petitioner, who has been serving the sentence of Life Imprisonment at the Central Jail, Colvale, Goa, had filed an application for being released on furlough for 28 days. By the impugned order dated 6th December, 2016, the Inspector General of Police has dismissed the application stating reason that the report submitted by police is adverse to the petitioner. The Superintendent of Police vide his letter dated 21st September, 2016, reported to the Inspector General of Prisons that if the petitioner is released on furlough "there is every possibility of breach of peace in the locality of Khalap Waddo, Canca, Parra, Bardez-Goa." Apparently, what has been lost sight of by the Inspector General of Prisons is, in the last 16 years, the petitioner was released on furlough on 9 occasions without any

WPCR/152/2016 incident whatsoever. Perusal of the report also shows that there is absolutely no material indicated therein to even remotely substantiate the apprehension expressed in the above quoted terms. It is unfortunate that such bald police reports are being submitted by the Superintendent of Police, on the basis of which, right of furlough is being denied to the petitioner. The petition is, therefore, allowed in terms of prayer clause (a). The petitioner shall be released on furlough for 28 days, on the execution of a Personal Bond in the sum of Rs.10,000/-, with one surety in the like amount and on usual conditions. C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.

SMA