2014 ALL MR (Cri) 3237
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (AURANGABAD BENCH)
NARESH H. PATIL AND A.I.S. CHEEMA, JJ.
Vishnu s/o. Sawairam Pawar Vs. The State of Maharashtra
Criminal Writ Petition No.528 of 2013
22nd July, 2013
Petitioner Counsel: Smt. R.R. MANE
Respondent Counsel: Shri. S.D. KALDATE
Prisons Act (1894), S.59 - Release on furlough - Punishment for late surrender - Petitioner had applied for extension of furlough but it was rejected on ground that no police report was received - However, on same day of rejection, jail authorities received a favourable report - Petitioner has surrendered late on his own - Held, in facts and circumstances of case, show cause notice for late surrender requires reconsideration - Decision to be taken afresh after considering application for extension of furlough having been made by petitioner. (Paras 3, 4, 5, 6, 7)
JUDGMENT
2. Rule, made returnable forthwith. By consent, heard finally.
3. The learned counsel for the petitioner submits that, by an order dated 4-2-2013 passed by the Deputy Inspector General of Prisons, Aurangabad, the petitioner was released on 16th April 2013 on furlough for 14 days. The petitioner applied on 17th April 2013 for extension of furlough. The petitioner surrendered on 15th May 2013 on his own.
4. It is submitted that the application of the petitioner for extension of furlough has been rejected on 18th May 2013 on the ground that police report was not received. Though the application has been rejected on 18th May 2013, on the same day a favourable report of the police was received by the jail authorities.
5. The petitioner is aggrieved by the show cause notice dated 22nd May 2013 issued to him by the Superintendent, District Open Prison, Paithan, calling for his explanation as to why he shall not be punished for surrendering late.
6. In the facts and circumstances of the case the issue requires to be remanded back to the jail authorities for its proper consideration.
7. The order dated 18th May 2013 passed by the Deputy Inspector General of Prisons, Aurangabad and the show cause notice dated 22nd May 2013 issued by the Superintendent of District Open Prison, Paithan, are quashed and set aside. We direct the Deputy Inspector General of Prisons, Aurangabad, to pass a fresh order on the application of the petitioner seeking extension of furlough and thereafter deal with the show cause notice in accordance with law.
8. Rule is made absolute in above terms.
9. The Secretary, High Court Legal Services Sub Committee, Aurangabad, to pay fees to the counsel appointed for the petitioner.