Bombay High Court
Mahesh Sambhaji Chafale (C-11048) vs The State Of Maharashtra on 3 April, 2019
Author: Mangesh S. Patil
Bench: T.V. Nalawade, Mangesh S. Patil
(1) 933 cri wp 406.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
933 CRIMINAL WRIT PETITION NO.406 OF 2019
MAHESH SAMBHAJI CHAFALE (C-11048)
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Petitioner : Mrs. Sakshi Joshi (Appointed)
APP for Respondents/State : Mr. P.G. Borade
...
CORAM : T.V. NALAWADE &
MANGESH S. PATIL, JJ.
DATE : 03.04.2019 P.C. :-
The proceeding is filed for giving direction to respondent to release the petitioner on furlough leave. Both the sides are heard. The petitioner is convicted for the offence punishable under Section 377 of I.P.C. as well as Section 4 of the Protection of Children from Sexual Offences Act, 2012 (P.O.C.S.O Act) and is sentenced to imprisonment for seven years.
2. The learned counsel for the petitioner submitted this is the first time when the petitioner will get furlough leave and so the discretion needs to be used in his favour and a chance to improve be given to him by releasing him on furlough. The learned A.P.P. submitted that in view of the amendment made to the Prisons (Bombay Furlough and Parole) Rules, 1959 which came in to effect from 16.04.2018 the prisoner like the present petitioner cannot get ::: Uploaded on - 05/04/2019 ::: Downloaded on - 06/04/2019 00:22:26 ::: (2) 933 cri wp 406.19 the benefit of that scheme. He drew the attention of this Court to Clause 12 and Clause 21 of Rule 4 in which the eligibility is prescribed for furlough. Rule 4 (Clause 12 and Clause 21) are as under:
"[4. Eligibility for furlough.-
All Indian prisoners except from following categories whose annual conduct reports are good shall be eligible for furlough:-
(12) Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak, riot, mutiny or escape, or who have been found to be instigating the serious violation of prison discipline, smuggling of narcotic and psychotropic substances including convicted under Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), rape or rape with murder, attempt to rape with murder and foreigner prisoners (Prisoners may be eligible for furlough after completion of stipulated sentence in the respective section);
(21) Those involved in sexual offences against minor and human trafficking."
3. On the other hand the learned counsel for the petitioner placed reliance on the decision given by Division Bench of this Court in Criminal Writ Petition No. 1293 of 2017 (Jafar s/o. Abdul Haq Shaikh V/s. State of Maharashtra and Ors.) and he submitted that even when the said petitioner- Jafar was involved in TADA case and there was conviction for murder also, ::: Uploaded on - 05/04/2019 ::: Downloaded on - 06/04/2019 00:22:26 ::: (3) 933 cri wp 406.19 this Court allowed the proceeding and gave a direction to release him on furlough. Things have changed against the present petitioner due to the amendment which came into effect from 16.04.2018. This Court holds that the petitioner is not eligible for getting the benefit of furlough leave scheme. In the result, the petition stands dismissed.
4. The fees of the appointed counsel is quantified @ Rs.3000/- and it is to be paid through the High Court Legal Services Authority.
[MANGESH S. PATIL, J.] [T.V. NALAWADE, J.]
mub
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