Bombay High Court
Sachin @ Surya Vitthal Bhujbal vs The State Of Maharashtra on 18 January, 2017
Author: V.K. Tahilramani
Bench: V.K.Tahilramani
jdk 1 4.crwp.4062.15.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4062 OF 2015
Sachin @ Surya Vitthal Bhujbal ]
Age 38 years, presently lodged as ]
C-16703, Yerawada Central Prison, ]
Pune - 411006 ].. Petitioner
Vs.
The State of Maharashtra ]
At the instance of : ]
]
1) Additional Director General and ]
Inspector General of Prison, ]
Maharashtra State, Pune-411001 ]
]
2) Deputy Inspector General of Prison ]
Western Region, Pune-411006 ]
]
3) Deputy Commissioner of Police, ]
Pune City, Pune-1 ]
]
4) Senior Police Inspector ]
Wanorie Police Station, Pune city, ]
Pune ]
]
5) Additional Superintendent of ]
Police Baramati Region, Dist. Pune ]
]
6) Sub-Divisional Officer, ]
Daund Sub Division, Dist. Pune ]
]
7) Police Inspector, ]
Shikapur Police Station, Tal.Shirur ]
Dist. Pune. ]
]
8) Deputy Superintendent of Police ]
(Home) Ahmednagar ]
]
1 of 3
::: Uploaded on - 19/01/2017 ::: Downloaded on - 20/01/2017 01:01:35 :::
jdk 2 4.crwp.4062.15.j.doc
9) Police Inspector, ]
Bhingar Camp Police Station ]
Ahmednagar, Dist. Ahmednagar ]
]
10) Superintendent Yerawada Central ]
Prison, Pune-411006 ]..Respondents
....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mr. H.J.Dedia A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
REVATI MOHITE DERE, JJ.
DATED : JANUARY 18, 2017
ORAL JUDGMENT: [PER SMT.V.K. TAHILRAMANI,J.]
1 Heard both sides.
2 The petitioner had preferred an application for
furlough on 27.8.2013. The said application was rejected by order dated 10.2.2015. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 15.7.2015, hence, this petition.
3 The jail record of the petitioner shows that thereafter the petitioner has preferred an application for furlough which was granted and he was released on furlough on 2.12.2016 for a period of 28 days. The petitioner enjoyed the period of 2 of 3 ::: Uploaded on - 19/01/2017 ::: Downloaded on - 20/01/2017 01:01:35 ::: jdk 3 4.crwp.4062.15.j.doc furlough and reported back to the prison on 31.12.2016.
4 As far as the earlier application for furlough is concerned i.e. application dated 27.8.2013, Note (3) of Rule 2 in Chapter XXXVII of the Maharashtra Prison Manual, 1979, which deals with furlough and parole, states that "if at any time, a prisoner who could have been granted furlough is either not granted or is refused the same, the period for which he could have been granted furlough, shall not be carried forward but shall lapse".
5 In view of the above Rule, it is clear that the period of furlough which was being sought in the year 2013 cannot be carried forward to this year. In any event, it is seen that the petitioner thereafter has been released on furlough not for a period of 14 days but for a period of 28 days. In this view of the matter, no case is made out for interference. Rule is discharged. Petition is dismissed.
[ REVATI MOHITE DERE, J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 3 of 3 ::: Uploaded on - 19/01/2017 ::: Downloaded on - 20/01/2017 01:01:35 :::