Partly allowed

Naresh S/O. Chandraprakash Dixit (C-6195) v. the State of Maharashtra and Anr.

Bombay HC24 Sept 2019WP/1471/2019

Case brief

AI extract

What is this about?

Court partially allowed the criminal writ petition challenging onerous conditions imposed for furlough leave. It modified the requirement for security bonds and reporting frequency under Rule 10 of the Prisons (Bombay Furlough & Parole) Rules, 1959, to make the leave practical.

What did the court decide?

The order was modified to require cash security of Rs. 10,000/-, a surety bond of Rs. 5,000/-, and reporting on alternate days (Sundays and Thursdays) instead of every alternate day.

Naresh S/O. Chandraprakash Dixit (C-6195) Vs… — Pension and Retirement Benefits | Bombay HC (2019)

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953-CrWP-1471-19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL WRIT PETITION NO.1471 OF 2019

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Naresh S/o Chandraprakash Dixit. Age : Major, Occ : Convict, R/o Near Pradeep Kirana Store, Bombay Colony, Varachha Road, Surat, State of Gujrat, at present confined in Central Prison Aurangabad. … Petitioner

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Vs.

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The State of Maharashtra Through D.I.G. Prisons, Aurangabad.

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The State of Maharashtra

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Through Superintendent Central Prison, Harshul, Aurangabad. … Respondents

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Advocate for Petitioner : Shri Rupesh A. Jaiswal APP for Respondents – State : Shri D. R. Kale

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CORAM : T.V. NALAWADE & K.K. SONAWANE, JJ.

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DATE : 24^th SEPTEMBER, 2019.

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ORAL JUDGMENT [PER T. V. NALAWADE] :-

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Rule. Rule made returnable forthwith. Heard both the sides by consent for final disposal.

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The petitioner is a prisoner and he has challenged the order

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1 of 3

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953-CrWP-1471-19.doc

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made by the respondent by which onerous conditions are imposed for getting released on furlough leave. Learned counsel for the petitioner has drawn attention of this Court to Rule 10 of the Prisons (Bombay Furlough & Parole) Rules, 1959. The said Rule shows that for granting furlough, personal bond or cash security and surety bond can be obtained by the authority. In the present matter, the authority has asked the prisoner to give cash security of Rs.10,000/-, personal bond of Rs.10,000/- and then two sureties of the amount of Rs.5,000/- each. He submits that these conditions are onerous and also not permissible as per Rule 10. There is a force in the submission. It appears that as the prisoner hails from Gujarat, such conditions are imposed. There is one more condition imposed by the respondent due to which he is required to report the concerned officer-in-charge of Varachha Police Station on every alternate day.

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Learned counsel for the prisoner submits that if the prisoner is asked to comply these conditions, then furlough leave of 28 days will be of no use, as he will be going to police on every alternate day and he will not be in a position to avail this period in practice. There is force in this submission also.

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This Court holds that in view of Rule 10 and to see that he

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is able to avail the entire leave properly, the order needs to be modified.

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2 of 3

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953-CrWP-1471-19.doc

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So, the petition is partly allowed. Order made by respondent is modified as follows :-

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The prisoner / petitioner is to give cash security of

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Rs.10,000/- and a bond of surety of Rs.5,000/-. He is to report the aforesaid police station on every Sunday and Thursday between 9.00 a.m. to 12.00 p.m. Rest of the conditions will remain as they are.

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The petition is partly allowed and disposed of accordingly. The order is to be complied within 10 days from today. Authenticated copy allowed.

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(K.K. SONAWANE, J.) (T.V. NALAWADE, J.)

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SVH

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Naresh S/O. Chandraprakash Dixit (C-6195) v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Naresh S/O. Chandraprakash Dixit (C-6195) v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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