Bombay High Court
Mazhar Maksud Shaikh vs The State Of Maharashtra And Ors on 26 April, 2018
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Sonak
8. cri wp 1399-18.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1399 OF 2018
Mazhar Maksud Shaikh .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
...................
Appearances
Mr. Vinayak Patil Advocate for the Petitioner
Mrs. G.P. Mulekar APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. SONAK, J.
DATE : APRIL 26, 2018.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 5.6.2017. The said application was rejected by order dated 18.9.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 28.12.2017, hence, this petition.
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3. On going through both the orders of rejection, it is seen that the application of the petitioner was rejected only on the ground that the appeal preferred by him against his conviction and sentence was pending before the higher forum which means that the case of the petitioner falls in Category 4(b) (11) of the Prisons (Bombay Furlough and Parole) Rules. Rule 4(b) (11) of the Rules states that a prisoner whose appeal is pending before the higher forum shall not be eligible to be released on furlough. This is the only reason for rejecting the application of the petitioner for furlough, however, it is seen that the Government has issued a new notification dated 16.4.2018 in relation to Rule 4. As per new notification, the criteria that the prisoner whose appeal is pending before the higher forum shall not be eligible for furlough, has been deleted from the Rules. In this view of the matter, we are inclined to grant furlough to the petitioner, hence, the orders dated 18.9.2017 and 28.12.2017 are set aside.
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4. The petitioner to be released on furlough on the
condition that the petitioner will reside in Satara and he will furnish surety from Satara. In addition, the Sanctioning Authority may impose any conditions as deemed fit.
5. Rule is made absolute in the above terms.
[ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ]
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