DIPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) During the course of arguments advanced in the proceedings of Criminal Writ Petition Nos. 848 of 2010 and 954 of 2010, a Division Bench of Bombay High Court at Aurangabad (Coram: P.V. Hardas 8s A.V. Potdar, JJ.) (Deepak Sudhakar Wakalekar Vs. The State of Maharashtra, 2011 2 BCR(Cri) 584) directed the Registry to place the papers before Hon'ble the Chief Justice for constituting larger Bench for referring the following question : "Whether as per proviso to Rule 6 of The Prison (Bombay Furlough and Parole) Rules, 1959, a convict confined in open prison, can be released on parole/furlough by the Authorities by dispensing with the requirement of execution of bond by the relatives -

(2.) In the proceedings of Criminal Writ Petition No. 848 of 2010 the petitioner therein contended that he was confined in Open Jail Paithan, District Aurangabad. The petitioner sought direction against the jail authorities to release him on furlough on executing personal bond.

(3.) The petitioner in Criminal Writ Petition No. 954 of 2010 sought directions against the Superintendent, Open Jail Paithan to release him on furlough as per the order dated 22-7-2010 issue by the D.I.G. (Prisons) wherein the first condition of release of the petitioner on furlough was that he ought have furnished a surety of his relative in the sum of Rs. 2000/-.