Bombay High Court
Sachin Babulal Suryavanshi vs The State Of Maharashtra And Ors on 1 March, 2017
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, Revati Mohite Dere
18. cri wp 531-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 531 OF 2017
Sachin Babulal Suryavanshi .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
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Appearances
Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner
Mr. H.J. Dedia APP for the State
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CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : MARCH 1, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 19.5.2015. The said application was granted by order dated 1.10.2015 and he was released on furlough for a period of 14 days that is from 4.11.2015 to 17.11.2015. Meanwhile on 6.11.2015, the petitioner preferred an application for extension of furlough for a further period of 14 days. The jfoanz vkacsjdj 1 of 4 ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:49:16 :::
18. cri wp 531-17.doc said application was rejected by order dated 17.12.2015, hence, this petition.
3. Admittedly, the application of the petitioner for extension of furlough was made within time. The petitioner has sought extension on the ground that he was suffering from bleeding hemorrhoid. The extension application of the petitioner for furlough came to be rejected on the ground that he could get treatment for his medical problem anywhere and it was not necessary for him to remain out of prison. The second reason why his application was rejected is that the petitioner may pressurize the complainant and the witnesses and the petitioner may indulge in illegal activities.
4. As far as the medical problem of the petitioner is concerned, the genuineness of the medical certificate has not been doubted. Jail record of the petitioner shows that on 22.8.2012, he was released on furlough and he reported back to the prison on due date. Thereafter, he was released jfoanz vkacsjdj 2 of 4 ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:49:16 :::
18. cri wp 531-17.doc on furlough on 6.3.2014 and he reported back to the prison on due date. The petitioner was also released on parole on 18.2.2013 and he reported back on due date to the prison on his own. During none of these occasions when the petitioner was released either on furlough or parole, there is any record to show that he has pressurized the complainant or the witnesses or he has threatened any of them in any manner. Moreover, there is nothing on record to show that during the period when the petitioner was released either on furlough or parole, he indulged in any illegal activities. Looking to all these facts, and the fact that the genuineness of the medical certificate has not been doubted, on humanitarian ground, we are inclined to extend the period of furlough by a further period of 14 days i.e from 18.11.2015 to 1.12.2015.
5. Any prison punishment imposed on account of overstay is set aside.
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18. cri wp 531-17.doc
6. Security deposit if forfeited be returned back to the petitioner.
7. Rule is made absolute in the above terms.
8. Office to communicate this order to the petitioner who is lodged in Kolhapur Central Prison, Kalamba.
[ REVATI MOHITE DERE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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