Bombay High Court
Sanjay Dattatraya Sase vs The D.I.G. Prison (E) (R) Nagpur And ... on 16 April, 2018
Author: R.K.Deshpande
Bench: R. K. Deshpande, M.G.Giratkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.1241 OF 2017
Sanjay Dattatraya Sase,
Aged about 42 years, r/o.
Presently detained at Open
Prison, Morshi, Distt.Amravati.
Convict No.C-436.` .......... PETITIONER
// VERSUS //
1. The D.I.G. Prison (E)(R),
Nagpur, Tq. and Distt.
Nagpur.
2. The Superintendent of Prison,
Open Prison, Morshi,
Distt. Amravati. .......... RESPONDENT
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____________________________________________________________
Mr.A.A.Pannase, Advocate (appointed) for the petitioner.
Mr.T.H.Udeshi, A.P.P. for the Respondents.
____________________________________________________________
CORAM : R. K. DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATE : 16.4.2018.
ORAL JUDGMENT (Per R.K.Deshpande, J) :
1. Rule is made returnable forthwith. Heard finally by the consent of learned Counsels for the parties.
2. The challenge in the petition is to rejection of the claim for furlough leave for a period of 28 days by an order dt.3.8.2017 passed by respondent no.1. The rejection is on two grounds : 1) that there is a danger to the lives of the complainant and the witnesses and 2) that the surety is not prepared to control the petitioner/accused. Both the reasons can be taken care of.
4. The complainant and the witnesses reside in the jurisdiction of Kalyan Police Station; whereas the petitioner, if released, would be staying with the surety at Murbad, District Thane. ::: Uploaded on - 16/04/2018 ::: Downloaded on - 17/04/2018 02:20:20 :::
3 wp1241.17 The surety has filed an affidavit stating therein that he can take care of the petitioner/accused and that he is ready to stand as a surety to ensure that the petitioner returns to the prison upon expiry of the period of furlough leave.
5. This petition is, therefore, allowed by setting aside the order dt.3.8.2017 passed by respondent no.1 and directing release of the petitioner/accused on furlough leave for a period of 28 days on the following conditions :
a) The accused shall not leave the territorial jurisdiction of Murbad Police Station, District Thane while on furlough leave and shall attend the said Police Station regularly at 11.00 a.m. to mark his presence.
b) The Authority concerned can call the surety and verify from him the contents of the affidavit. Upon such verification, if the Authority is satisfied, it shall release the petitioner/accused on furlough leave upon such terms and conditions as it deems fit and proper to impose.
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6. Rule is made absolute in the above terms with no order as to costs.
7. Fees of the learned Counsel for the petitioner are quantified at Rs.1,500/-.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 16/04/2018 ::: Downloaded on - 17/04/2018 02:20:20 ::: 5 wp1241.17 ::: Uploaded on - 16/04/2018 ::: Downloaded on - 17/04/2018 02:20:20 :::