Single judge order allowing furlough to the petitioner after rejecting the grounds that he would abscond, noting a co-accused was similarly granted furlough.
Furlough granted to the petitioner on complying with usual terms and reporting to nearest police station on alternate days.
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..(1)..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITINO NO.376 OF 2006
Subhash Ramkumar Bind ...Petitioner.
Versus
The State of Maharashtra
and Ors. ...Respondents.
. . .
Mrs.Smita R. Kadu @ Gawai, Advocate for the
Petitioner.
Mrs.U.V.Kejariwal, APP, for the State.
CORAM : D.G.DESHPANDE AND
SMT.V.K.TAHILRAMANI,JJ.
DATE : APRIL 21, 2006.
ORAL ORDER (PER Smt.TAHILRAMANI,J.)
. Heard learned Advocate for the petitioner
and learned APP for the State.
2. Rule. By consent Rule is made returnable
forthwith.
3. The petitioner had preferred an application
for furlough. The said application came to be
rejected on the ground that if the petitioner is
released on furlough, he may abscond and not
surrender back in time.
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4. No material has been pointed out by the
authorities to come to such a conclusion.
Moreover, it is seen that the co-accused has been
granted furlough. The said co-accused has
surrendered back in time. In this view of the
matter, we are inclined to grant furlough to the
petitioner.
5. The petitioner shall be released on
furlough on his complying with the usual terms and
conditions. In addition thereto, the petitioner
shall inform the jail authorities the address at
which he will reside during the period that he is
on furlough and he shall report to the nearest
police station to that address on every alternate
day, during the period that he is on furlough.
6. Rule is made absolute in above terms.
(D.G.DESHPANDE, J.)
(SMT.V.K.TAHILRAMANI,J.)
1 issue framed by the court
Whether the petitioner should be granted furlough given the concerns about him absconding.
Subhash Ramkumar Bind
The State of Maharashtra
D.G.Deshpande
Smt.V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court