Sanjay Bapuso Sasane v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3825 OF 2019 Sanjay Bapuso Sasane ... Petitioner Vs The State of Maharashtra & Ors.

... Respondents ...

Ms. Nasreen Ayubi for the Petitioner.

Mrs. M.H.Mhatre, APP for the Respondent-State. CORAM : B.P.DHARMADHIKARI & SANDEEP K. SHINDE JJ.

DATE : OCTOBER 14, 2019 P.C. :

Heard leaned counsel appointed and the learned APP for the State.

Furlough leave has been rejected on the ground of constant late/belated surrender. This order of rejection dated 28th January, 2019 is upheld in appeal on 3rd May, 2019.

We have heard the learned APP.

Perusal of nominal note produced by the learned APP at Exhibit 'A' reveals that in 2011 prisoner has reported himself but late by 45 days. In 2013, he was late by 35 Shivgan 1/3

days. Thereafter, in 2014, he was late by 35 days. Thereafter in 2014, he was late by 92 days. In 2016 furlough was declined. On 3rd February, 2017, death parole was allowed and he reported back on due date. In 2018 marriage parole was given and he reported late only by one day.

It appears that in 2018, he was also given furlough leave and he has reported back on 10th March, 2018, i.e. after delay of one day only.

For earlier belated returns, he has been already punished by ordering cut in remission.

Facts at hand shows that he has reported back voluntarily on each occasion in 2018. He got parole as also furlough, which he has reported back one day late on both the occasions.

In this situation, we are inclined to allow the petitioner to avail furlough leave after imposing suitable terms and conditions including Undertaking that he would report back on due date Shivgan 2/3

Accordingly, we partly allow the petition.

Petitioner shall be permitted to avail furlough leave within four weeks after communication of this order to the authorities.

Order be communicated to the prisoner in jail. (SANDEEP K. SHINDE, J.) (B.P.DHARMADHIKARI, J.) Shivgan 3/3