Arun S/o Gulab Gawli v. State of Maharashtra, through its Secretary, Home Department
2017-04-26
B.P.DHARMADHIKARI, V.M.DESHPANDE
body2017
DigiLaw.ai
JUDGMENT : 1. Heard Shri A.S. Mardikar, learned Senior Advocate with Shri Mir Nagman Ali, learned counsel for the petitioners and Mrs. B.H. Dangre, learned Public Prosecutor for the respondents. 2. The learned PP submits that the appropriate Authorities have advised State Government which is taking some steps and those steps may result in amendment to the Rules. She seeks time till after vacation to make a definite statement in this respect. 3. The learned Senior Advocate has no objection provided the request of the petitioner for grant of furlough in Criminal Writ Petition No. 97 of 2017 is considered. He also adds that from the response of the respondents, it appears that they have accepted the inconsistency or arbitrariness in the provision which denies furlough to the prisoners whose appeal challenging conviction is pending and bail application is rejected by the High Court. 4. At this stage, we are not inclined to observe anything on merits of the controversy. Accordingly, we adjourn CWP No. 196 of 2017 to 27.06.2017. 5. Insofar as grant of furlough in CWP No. 97 of 2017 is concerned, we find that the petitioner was released on Parole leave on 05.05.2015 and he had reported on due date. He was again released on Furlough leave on 13.04.2016 and he had reported on due date. Lastly on 21.10.2016 he was released on Parole leave and again he had reported back on due date. 6. It is no doubt true that all this is only after directions of this Court in Criminal Writ Petitions. 7. Our attention has been invited to adverse police report dated 20.01.2017 received by Respondent No. 1. The adverse police report is too general in nature because it does not point out any unwarranted activity by the petitioner after his last release on parole leave on 21.10.2016. 8. In this situation, we find denial of furlough leave at least at this stage unsustainable. 9. Hence, keeping all rival contentions open, we direct release of the petitioner-Arun Gulab Gawali in Criminal Writ Petition No. 97 of 2017 on furlough leave within two weeks from today after obtaining appropriate bonds, undertakings from him and his relatives/sureties. 10. Criminal Writ Petition No. 97 of 2017 should also be listed on 27.06.2017 for further consideration.