CrWP for furlough regarding conditions imposed on petitioner. Court found conditions necessary and reasonable. Petitioner ordered released on furlough upon complying with two conditions.
Petitioner released on furlough on usual terms and conditions upon complying with two specific conditions.
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jdk 1 8.crwp.2955.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2955 OF 2015
Sagir @ Babloo @ Balba Shabbir Shaikh
.. Petitioner
Vs.
The State of Maharashtra .. Respondent
Mr. Yashpal Thakur Advocate appointed for Petitioner Mr. H.J. Dedia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND
SMT. ANUJA PRABHUDESSAI, JJ.
DATED : APRIL 12, 2016
ORAL ORDER [PER SMT. V.K.TAHILRAMANI, J. ]:
2 The petitioner preferred an application for furlough on 2.6.2014. The said application was forwarded to the concerned authority i.e. D.I.G. (Prisons) for consideration. The D.I.G. (Prisons) on going through the police report and statements of witnesses i.e. Meena Prakash Kuril and Ramdas Harijan, wrote a letter to the Superintendent of Kolhapur Central Prison where the petitioner was lodged, to ascertain from the prisoner
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jdk 2 8.crwp.2955.15.doc
whether he is ready to avail his furlough 250 kms. away from the area where the witnesses are residing and whether he is willing to furnish competent and local surety of that area. This was found necessary on account of the fact that the police report and the statements of the witnesses showed that after the petitioner was convicted in Sessions Case, he threatened these witnesses. Meena is the sister of deceased Manoj. Manoj was the person who was assaulted by the petitioner with knife in stomach, due to which, Manoj expired. In view of the the statements of the witnesses and the police report, we find that there was reasonable cause to impose such conditions on the petitioner, however, as the petitioner indicated that he would not be able to fulfill the said conditions, hence, the appeal preferred by the petitioner in relation to his application for furlough, came to be rejected by order dated 20.5.2015.
3 As indicated earlier by us, we find that the conditions imposed on the petitioner for being released on furlough in the facts and circumstances of this case, are very much necessary & reasonable. Hence, in case, the petitioner is able to comply with these two conditions, the petitioner be released on furlough on the usual terms and conditions as set out by the
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jdk 3 8.crwp.2955.15.doc
jail authorities. The petition is disposed of in above terms.
4 Office to communicate this order to the petitioner who is at present lodged in Nagpur Open Prison.
[ SMT. ANUJA PRABHUDESSAI, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
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Sagir @ Babloo @ Balba Shabbir Shaikh
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhu Dessai
As recorded by the court registry
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