DASTGIR GAFUR SHAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

(2.) The convict namely Dastgir Gafur Shaha has directly sent an application from jail to this Court, which is registered as Criminal Writ Petition No. 1583 of 2020. It appears that Mr. R.S. Sadaphale and Mr. A.G. Jadhav have filed Criminal Writ Petition No. 331 of 2021. Both the petitions are heard together and are being disposed of by this common judgment and order.

(3.) In Criminal Writ Petition No. 1583 of 2020, it is the contention of the petitioner that an application to release him on furlough has been rejected for unsustainable reasons. The Petitioners prayer has been rejected relying upon the Sub Rule 4 of Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 (hereinafter referred to as 'said Rules'). The Petitioner has placed reliance on Rule 17 of the said Rules. It is stated that the law confirms right to prisoner to avail furlough. Unless there are exceptional reasons not to grant furlough leave, the convict is entitled for furlough leave as a matter of right. It is stated that the Petitioner has completed more than 6 years imprisonment and he was never released on furlough or parole in the past. It is stated that the family members of the Petitioner are ready to stand as surety, and execute the surety bond in case, the petitioner is released on furlough. It is specifically stated that the petitioner's father is ready and willing to stand as surety. The report submitted by police is silent about threat, if any, to the public in case, the petitioner is released on furlough. Therefore, it is prayed that the Petitioner may be released on furlough.