Application in writ petition by the petitioner seeking quashing of a notice to surrender. Court dismissed the petition clarifying forfeiture of furlough bond due to new offence but allowing refund if acquitted.
Petition dismissed affirming security forfeiture pending investigation.
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wp-1401-2011
srk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1401 OF 2011
Khannasingh Ajitsing Kalayani through wife Poonamkaur Khanasingh Kalayani ...Petitioner
Versus
The State of Maharashtra
...Respondent
Mrs.Sonia Miskin Advocate appointed for petitioner. Mrs.P.P.Shinde, APP for State.
CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ.
August 2, 2011.
P.C.
1. Heard Ms.Maskin, the learned appointed Advocate. Mrs.Shinde,
the learned APP has placed before us an affidavit in reply filed by Shri
Sharad Khataokar, Superintendent, Yerwada Central Prison, Pune.
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wp-1401-2011
Central Prison, was released on furlough leave on 20/1/2011, C.R.No.33
of 2011 for the offence punishable under Section 385 of IPC came to be registered against him with Vanvadi Police Station, Pune. After he surrendered to the jail on expiry of the furlough leave, the bond amount of Rs.10,000/- has been forfeited as CR No.33 of 2011 came to be registered against the petitioner’s husband during the leave period. We do not find any error committed by the authorities concerned while forfeiting the said amount of Rs.10,000/- which was a cash security and this forfeiture is as per the conditions. However, if the complaint filed against the petitioner’s husband results into an acquittal or no offence is disclosed against him even during investigation, the forfeited amount of Rs.10,000/- shall be refunded on an application.
(U.D.SALVI, J.) (B. H. MARLAPALLE, J.)
1 issue framed by the court
Whether a bye-laws notice to surrender is maintainable or not
Khannasingh Ajitsing Kalayani
The State of Maharashtra
B. H. MARLAPALLE
U.D.SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
