The petition sought a direction to execute post-parole/furlough surety bonds at the police station. The court held that no law or government circular permits this and discharged the rule.
No relief granted; the prayer to execute the bond at the police station was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1819 OF 2013
Rais Mohd. Jamil Shaikh
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
| Appearances |
|---|
| Mr. Abhaykumar Apte | Advocate (appointed) for the Petitioner |
|---|---|
| Mrs. A.S. Pai | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. & DR. SHALINI PHANSALKAR-JOSHI, J.
DATE : DECEMBER 17, 2015.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
furlough is granted, it is necessary to execute the surety
bond before the Tehsildar or the nearest Jail Authority
whichever is convenient to the relatives of the convict or
prisoner. The petitioner has prayed that instead, it may be
directed that the surety bond be executed at the police
jfoanz vkacsjdj 1 of 2
station.
at the police station as prayed by the petitioner. There is no such provision in any law including Prison Manual as well as the circulars issued by the Government of Maharashtra to produce the surety bond before the police station in such matters. In this view of the matter, the prayer of the petitioner cannot be considered. No interference is called
[ DR. SHALINI PHANSALKAR-JOSHI, J ] [ ACTING CHIEF JUSTICE ]
jfoanz vkacsjdj
2 of 2
1 issue framed by the court
Whether the execution of a surety bond for parole or furlough can be made at the police station instead of the Tehsildar or Jail Authority.
Rais Mohd. Jamil Shaikh
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
