Document Fragment View

Matching Fragments

The Supreme Court has considered the mitigating circumstances which are in favour of the Petitioner while commuting the death sentence to life imprisonment. The Supreme Court considering the facts and circumstances of the case, came to a conclusion that the decision of capital punishment is not warranted, and partly allowed the said Appeal filed by the Petitioner. 10 It is required to be noted that though the learned JMFC, Pune convicted the Petitioner along with his co-accused Amit Bhadwalkar, who was accused No.1, and sentenced both of them to suffer two years imprisonment, the said co-accused Amit Bhadwalkar was granted furlough and parole leave. 11 As stated herein above, while rejecting the application of the Petitioner, the Respondents/Authorities observed that the Petitioner was convicted for an offences punishable under Section 302 and 364 of the Indian Penal Code. Rule 4 (4), (10) and (20) of the Prisons (Bombay Furlough and Parole) Rules, 1959 which forms the basis of rejection of the Petitioner's application reads thus :-

that the petitioner was earlier released on furlough or parole. It is not in dispute that the convict has undergone more than 20 years imprisonment, and he was never released on furlough/parole. At this juncture it would be apt to reproduce herein below Rule 1(A) of the said Rule. 
lgc                                                                        11 of 16
                                                                    cri.wp-841.21.odt

            *[1(A). Objectives:-

                   Furlough and Parole leaves to inmates are


lgc                                                                       14 of 16
                                                                  cri.wp-841.21.odt




                                      ORDER

A]             The Writ Petition is allowed. The order dated 01/04/2020 passed

by Respondent No.3 and the order dated 06/10/2020 passed by Respondent No.2 are quashed and set aside.

B] The Petitioner - Dnyaneshwar Suresh Borkar, presently lodged in Yerwad Central Prison, shall be released on furlough for the period stated in the Prison (Bombay Furlough and Parole) Rules, 1959, on following conditions:-

(i) The Petitioner shall be released on furlough subject to the conditions which the competent authority may deem suitable to impose under Rule 10 of the Prisons (Bombay Furlough and Parole) Rules, 1959.
(ii) The Petitioner will stay outside the jurisdiction of Saswad Police Station, during the period of furlough leave.
(iii) The Petitioner shall not directly or indirectly contact or extend threats to the complainant/witnesses.