Allowed

Rupesh Tukaram Kumbhar v. the State of Maharashtra

Bombay HC3 Aug 2016WP/3510/2015

Case brief

AI extract

What is this about?

The Court allowed the petitioner's application for furlough, setting aside the prison authority's rejection. The order held that the grounds rejecting the application based on conduct and public peace were erroneous as the petitioner's records were satisfactory and no adverse activity was shown during bail.

What did the court decide?

Petitioner released on furlough on usual terms and conditions as imposed by the jail authorities.

Rupesh Tukaram Kumbhar Vs the State of Maharashtra — Writ and Judicial Review | Bombay HC (2016)

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jdk 1 1.crwp.3510.15.j.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3510 OF 2015

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Rupesh Tukaram Kumbhar .. Petitioner Vs.

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The State of Maharashtra

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.. Respondent

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Ms. Sarojini Upadhyay Advocate appointed for Petitioner Mrs. U.V. Kejriwal A.P.P. for the State

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CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 03, 2016

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ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

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1 Heard both sides. Rule. By consent, rule is made returnable forthwith.

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2 The petitioner preferred an application for furlough on 9.3.2015. The said application came to be rejected by order dated 24.4.2015. Being aggrieved thereby, the petitioner preferred an appeal. The said appeal came to be dismissed by order dated 4.7.2015, hence, this petition.

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3 The order dated 4.7.2015 shows that the application

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jdk 2 1.crwp.3510.15.j.doc

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of the petitioner for furlough came to be rejected on two grounds i.e. Rule 4(4) and Rule 4(6) of The Prisons (Bombay Furlough and Parole) Rules, 1959. Rule 4 states the cases in which prisoner shall not be granted furlough. Rule 4(6) states that prisoners whose conduct in the opinion of the Superintendent of the Prison, is not satisfactory enough, shall not be granted furlough. The nominal Jail Chart of the petitioner shows that his conduct in the prison is satisfactory. Thus, this ground on which furlough has been rejected, is totally erroneous.

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4 As far as the second ground for rejecting furlough is concerned i.e. Rule 4(4), it states that prisoners whose release is not recommended in Greater Bombay by the Commissioner of Police and elsewhere, by the District Magistrate on the ground of public peace and tranquility, shall not be granted furlough. In support of this contention, it is stated that Police Patil has stated that if the petitioner is released on furlough, there is possibility of breach of peace and terror in the village. The petitioner was in custody from 1.2.2006 to 15.10.2008 and thereafter the petitioner was taken in custody after his

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jdk 3 1.crwp.3510.15.j.doc

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conviction. Thus, it is seen that when the trial was going on, the petitioner was on bail. No adverse activity of the petitioner during the period he was on bail, has been brought to our notice. In this view of the matter, we are of the opinion that the report of the Police Patil is without any basis.

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5 In view of the above, we are inclined to release the petitioner on furlough. The petitioner to be released on furlough on usual terms and conditions as imposed by the jail authorities.

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6 Rule made absolute in above terms.

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7 Office to communicate this order to the petitioner who is in Nasik Road Central Prison.

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8 Legal fees to be paid to the appointed advocate is quantified at Rs.2500/-.

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[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

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kandarkar

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Rupesh Tukaram Kumbhar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rupesh Tukaram Kumbhar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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