KRISHNA JAGANNATH SHIRSAT Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition, under Article 226 of the Constitution of India, seeks quashment of the impugned order passed by respondent no.2 Deputy Inspector General (Prison), Central Division, Aurangabad, dated 18.11.2016 and also seeks directions to respondent no.2 Deputy Inspector General (Prison), Central Division, Aurangabad, to release the petitioner on personal cash security of Rs.10,000/-.

(2.) The learned counsel appearing for the petitioner submits that the main reason for rejection of his application to release him on furlough has been rejected on the ground that there is no provision to release the convict undergoing imprisonment in close prison on furnishing only personal bond. He submits that the Full Bench of Gujarath High Court in the case of Natia Jiria Vs. State of Gujarat and others, 1984 Cri.L.J. 936 has taken a view that when the convict is not able to furnish surety in that case convict can be released on his personal bond so that he may avail of the furlough which he has earned under the rules.

(3.) Pursuant to the notices issued to the respondents, the respondents have filed affidavit-in-reply. It is stated in the said affidavit-in-reply that the petitioner is convict undergoing imprisonment for the offence punishable under Section 302 of the Indian Penal Code. He was under trial prisoner for the period from 27th September, 2012 to 11th June, 2013. For the said period, the trial Court has ordered set off. The petitioner applied for furlough leave on 11th June, 2016. His application was forwarded to the Deputy Inspector General of Prison, Central Region, Aurangabad and copy of the proposal was also sent to the Sub Divisional Police Officer, Majalgaon, District Beed, for enquiry. On 17th September, 2016, report was received from the Sub Divisional Police Officer, Majalgaon, which is adverse to the petitioner's prayer to release him on furlough leave. It is further stated that the application is received from Kushaba Bhaguji Shirsath, Bappaji Bhaguji Shirsath and Bhaguji Chudaji Shirsath, all resident of Bhayjali Jagirmoha, Taluka Dharur, District Beed, requesting therein that the petitioner should not be released on furlough leave as he may cause hurt to them or their families if released on furlough leave. The said letter was forwarded to the Deputy Inspector General of Prison, Central Region, Aurangabad on 24th September, 2016. The petitioner is not released either on parole or furlough leave since his arrest. It is stated that since there is adverse report from Sub Divisional Police Officer, Majalgaon, the Deputy Inspector General of Prison, Central Region, Aurangabad, by his letter dated 18th October, 2016, gave a chance to the petitioner to give another guarantor, who is willing to stand as surety. However, the petitioner instead of giving another guarantor, forwarded application to the Deputy Inspector General of Prison, Central Region, Aurangabad, on 24th October, 2016, requesting to grant him furlough leave on furnishing personal bond.