Bombay High Court
Sonubai Babu Padwal vs The State Of Maharashtra And Ors on 14 December, 2016
Author: V.K.Tahilramani
Bench: V.K.Tahilramani, A.M.Badar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4169 OF 2016
Sonubai Baburao Padwal ]
At Post Kasegaon, Tal. Walwa ]
Dist. Sangli, presently as C-70 ]
lodged at Kolhapur Central Prison ]
Kalamba, Kolhapur-416007 ].. Petitioner
Vs.
The State of Maharashtra ]
Through: ]
1) Superintendent of Kolhapur ]
Central Prison, Kalamba ]
]
2) The D.I.G. Prisons (Western Zone) ]
Pune ].. Respondents
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mr. H.J. Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
A.M.BADAR, JJ.
DATED : DECEMBER 14, 2016
ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:
1 Heard both sides. Rule. Rule is made returnable forthwith. By consent, matter is finally heard.
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2 The petitioner was granted furlough on 6.10.2015 for
a period of 14 days. The petitioner preferred an application for extension of furlough for a further period of 14 days. The said application came to be rejected, hence, this petition.
3 The petitioner had sought extension of furlough on the ground of her own illness. She had left lumbar pain with colitis. She had also submitted her Video Colonoscopy Report as well as ultra sonography report.
ig The sonography report
shows colitis. The genuineness of this medical report is not
doubted. However, the application of the petitioner for
extension of furlough was rejected on the ground that the illness of the petitioner is not specifically stated in the medical report. She was not hospitalized and therefore, it does not appear that her illness was serious. She could have reported to the prison and thereafter taken medical treatment in the prison.
4 As far as the first ground is concerned, it is seen that medical report shows that she was suffering from colitis. The genuineness of the medical certificate is not doubted.
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Moreover, it is seen that the order of rejection dated 4.6.2016 clearly shows that the medical certificate has been examined and it has been found to be true. The report further states that during the period that the petitioner was on furlough, she has complied all the terms and conditions. She is also regularly reporting to the police station as per the condition. The report states that as the reason for seeking extension of furlough, is found to be true, she can be given extension of furlough.
However, the application of the petitioner for furlough was rejected on the above mentioned grounds.
5 Looking to the fact that the genuineness of the medical certificate is not doubted and the other facts stated above, as well as the fact that earlier when the petitioner was released on furlough on 12.6.2013, she reported back to the prison in time and thereafter on 5.9.2014 when she was released on parole, she reported back to the prison in time, we are of the view that on humanitarian ground the furlough period ought to be extended by a period of 14 days. Hence, furlough period is extended by a period of 14 days. Prison punishment imposed if any, on account of overstay of furlough 3 of 4 ::: Uploaded on - 15/12/2016 ::: Downloaded on - 16/12/2016 00:55:17 ::: jdk 4 8.crwp.4169.16.j.doc of 14 days, is set aside. If security deposit is forfeited, the same be returned back to the petitioner.
6 Rule is made absolute in above terms. Petition is disposed of accordingly.
7 Office to communicate this order to the petitioner who is in Kolhapur Central Prison, Kalamba, Kolhapur.
[ A.M.BADAR, J.] [ SMT. V.K.TAHILRAMANI,J. ] kandarkar 4 of 4 ::: Uploaded on - 15/12/2016 ::: Downloaded on - 16/12/2016 00:55:17 :::