The High Court allowed the criminal writ petition and ordered the release of the convicted prisoner on furlough leave for 14 days, finding no valid grounds in the police report to justify its rejection.
The petitioner be released on furlough leave for a period of 14 days with usual terms and police supervision.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 42 OF 2009
Parvez Mohd. Zulfikar Qureshi
...Petitioner
vs.
The State of Maharashtra and others
...Respondents
Mrs. Aisha Zubair Ansari for the petitioners. Mrs. U.V. Kejariwal, Additional Public Prosecutor, for the State.
CORAM : BILAL NAZKI &
ANOOP V. MOHTA, JJ.
DATE: FEBRUARY 04, 2009
P.C.
The petitioner was arrested in February, 1993 after facing the trial. He was convicted for various offences on 1st June, 2007 and sentenced to life imprisonment. During the trial, he was on bail for different periods on eleven occasions. Bail was granted at a time even for six weeks and there was no adverse report that the petitioner-prisoner tried to create any law and order problem or cause any harm to the witnesses. After his conviction he filed an application for grant of furlough leave which has been rejected on the ground that he was involved in a bomb blast case and, therefore, he could not be granted furlough leave.
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Therefore, we allow this writ petition and direct that the petitioner be released on furlough leave for a period of 14 days, in addition to the usual terms to be imposed by the Superintendent of the Jail. He is further required to appear before the Mahim Police Station every day at 10.00 a.m. During his leave of furlough. Petition is accordingly disposed of.
BILAL NAZKI, J.
ANOOP V. MOHTA, J.
2 issues framed by the court
whether the police report provided sufficient grounds to reject an application for furlough leave
whether the petitioner is entitled to the release on furlough leave
Parvez Mohd. Zulfikar Qureshi
The State of Maharashtra
BILAL NAZKI
ANOOP V. MOHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
