Petitioner in bomb blast case sought furlough. Court rejected petition due to non-payment of fine, conviction status, and risk of absconding near congested marriage venue.
Petition for furlough rejected.
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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 2128 OF 2007.
Mohd. Parvez Zulfiqar Zuresh. ..Petitioner.
Versus.
The Stae of Maharashtra & others. ..Respondents.
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Ms. Farhana Shah for the petitioner.
Ms. P. H. Kantharia APP for the State.
CORAM: S. B. MHASE &
SMT. V.K.TAHILRAMANI,JJ.
DATE: NOVEMBER 21, 2007.
P.C.
1. Heard. The furlough application of the
petitioner has been rejected by the respondent and
therefore the present petition has been filed.
2. Learned counsel for the petitioner states that
petitioner was an undertrial prisoner and is convicted
under the TADA Act in a Bombay Bomb Blast case for life
imprisonment. She further submits that if the undertrial
period of the petitioner is taken into consideration
under section 428 of the Code of Criminal Procedure, 1973
he has undergone the sentence for a period of
approximately 10 years. She further submits that in view
of the fact that there is a marriage in the family of the
petitioner, i.e., the marriage of the younger brother of
the petitioner, petitioner be released on furlough.
Looking to the fact that the petitioner is an accused in
the sensational case known as the Bombay Bomb Blast case
wherein he is convicted for life and also to the fact
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that even though he has been fined to pay fine of
Rs.50,000/- he has not paid that amount, we are not
inclined to entertain the petition for furlough.
3. We also considered the ground of marriage of
the younger brother of the petitioner. We have been
shown the report/ Statement made by the Police Constable
Subhash Shantaram Lad wherein he has stated that the
place where the marriage is to be celebrated is very
congested one and there is a nalla adjoining to that
place. It is a slum area and also the slaughter houses
are located in the vicinity. Therefore, the apprehension
has been expressed that if the petitioner is granted bail
and/or permission to attend the marriage on escort by
police, the petitioner is likely to abscond. It is
further submitted by the learned APP that situation
during the trial was different, namely, there was a hope
of acquittal, therefore the petitioner must have
surrendered on time after bail and now the situation is
changed, the petitioner is convicted and possibility
cannot be ruled out that he may abscond. In our view,
looking to all these circumstances rejection of the
furlough by the authorities is justified and we refrain
to entertain the petition. In the result, petition is
rejected.
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(SMT. V.K.TAHILRAMANI,J.)(S.B.MHASE, J.)
Mohd. Parvez Zulfiqar Zuresh
The State of Maharashtra
S. B. MHASE
SMT. V.K. TAHILRAMANI
As recorded by the court registry
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