Court allowed parole release by accepting surety at petitioner's residence in Mumbai despite incarceration in Kolhapur, relying on Home Department instructions.
Petition disposed; surety accepted at Mumbai for release from Kolhapur jail.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.1537 OF 2009
Sachin Ganpat Badambe.... Petitioner
Vs.
The State of Maharashtra
& Ors..... Respondents
S/Shri N.N. Gavankar i/b Arfan Sait
for the Petitioner.
Ms A.S. Pai, APP, for the State.
CORAM: BILAL NAZKI &
A.R. JOSHI, JJ.
DATED: AUGUST 31, 2009
P.C:
Once prisoners are granted parole or
furlough by virtue of a circular issued
earlier, the sureties are required to appear
before the jail authorities of the jail where
the prisoners are lodged. Presumably, this is
done to facilitate the release of the
prisoners. But in certain cases it works
against the prisoners as the prisoners are
lodged in a jail which is far away from their
ordinary place of residence. So the
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relatives/sureties of such prisoners find it
difficult to go to the jail to give surety. As
in the present case, the petitioner is lodged
in a jail in Kolhapur but he belongs to Mumbai
and his surety is from Mumbai. On instructions
from Shri S.C. Mondkar, Deputy Secretary
(Home), the learned APP submits that sureties
of prisoners can be accepted in a jail nearer
to the place of residence of the surety. In
the present case as the surety is at Mumbai,
the same will be accepted at Mumbai for the
release of the petitioner from the jail in
Kolhapur. In view of this assurance, which is
accepted, we do not think any further order is
required to be passed in the matter. The
petition is accordingly disposed of.
BILAL NAZKI, J.
1 issue framed by the court
Whether sureties for a prisoner on parole can be accepted at a jail nearer to the surety's residence than the prisoner's incarceration.
Sachin Ganpat Badambe
The State of Maharashtra
Bilal Nazki
A.R. Joshi
As recorded by the court registry
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