w771-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.771 OF 2010 Amitabh Sameer Roy. ..Petitioner. Versus State of Maharashtra and 2 others. ..Respondents. .... Ms.Rebecca Gonsalves, Advocate for the Petitioner. Mrs.S.D. Shinde, A.P.P., for the Respondent - State. .... CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 30TH MARCH, 2010 ORAL ORDER (PER A.R.JOSHI,J.) 1. Heard rival submissions for some time. By the present Writ Petition, the petitioner-convict, presently lodged at Yerwada Open Prison, Pune has asked for his release on furlough leave on his personal bond or on cash security, by permitting him to deposit the amount earned by him as wages in his account in the prison. Also by the present Writ Petition, directions are sought to quash the order dated 7th December, 2009 passed by the prison authorities rejecting his furlough application. Apparently, w771-10 2 in the said impugned order reasons are given by the jail authorities as to the present petitioner being permanent resident of out of Maharashtra and unable to give local surety. 2. It is revealed, as submitted by the learned A.P.P, on instructions, that only an amount of Rs.5/- is to the credit in the account of the petitioner as his earning / wages, and as such there is no substantial deposit amount in his account maintained by the jail authorities so as to consider the said amount as cash security. Virtually, the said situation had rendered the present petition only for the prayer to release him only on his personal bond. It is also submitted by the learned A.P.P. that the petitioner is not from Maharashtra State and as such he may not be available after the furlough leave period is over as there are chances that he may abscond while on furlough. This is more so when he is not in a position to give any local surety. 3. As against the above, it is strongly submitted on behalf of the petitioner that the petitioner is permanent resident of Hadapsar Gaon, Pune and that there is nothing to suggest that he is from outside Maharashtra. It is also submitted that after the conviction of the prisoner for the offence punishable under Sections 302 & 364A of IPC of D.N. Nagar Police Station, w771-10 3 Mumbai, since 26th August, 1999 he is imprisoned and his earlier furlough leave applications made during all those years since 1999 to 2007 came to be rejected essentially on the ground that his mother was not willing to stand surety for him. It is further submitted that in March, 2009 the petitioner was transferred to Yerwada Open Prison, Class I, Pune and as such transfer of prisoner to the open prison may be taken as a circumstance in his favour so as to deal with the present Writ Petition for allowing him to be released on furlough on his personal bond. It is further submitted that during the period of furlough, if granted, he will remain in Maharashtra and at a place which he will notify in advance to the jail authorities and moreover he will attend the police station nearest to his stay, even daily if so required. 4. We have perused the grounds specifically detailed in the Writ Petition and also considered the factual position as to the petitioner in custody since March, 1994 i.e. since offence till date, i.e. for about 16 years. During this period, for whatever reasons, he had not been released on furlough or parole. In our opinion, present admission of the prisoner in the open prison is also a circumstance favouring him for getting released on furlough on certain terms and conditions securing his presence. w771-10 4 5. During the arguments, the contention of the petitioner that he is permanent resident of Maharashtra has not been controverted by the learned A.P.P.. Apart from this, it would be practically denying the right to be released on furlough when the financial condition of the petitioner is such that he has only Rs. 5/- to his credit in the jail account, thus denying him the right to furlough leave for want of deposit of any cash security. 6. Considering the above circumstances in totality, we allow the present Writ Petition with following order : :: O R D E R :: [i] The impugned order dated 7th December, 2009 is set aside; [ii] The petitioner - Amitabh Sameer Roy be released on furlough for a period of 14 (fourteen) days on his executing P.R. bond in the sum of Rs.15,000/-, on the condition that he shall notify his place of residence to the jail authorities where he will stay during the period of his furlough leave, and also on the condition that he shall attend the local police station to be notified by the jail authorities, every day between 4 pm to 6 pm; [iii] Authenticated copy of this order be given to the jail w771-10 5 authorities for compliance and necessary intimation to the petitioner who is presently lodged in Yerwada Open Prison, Pune. [iv] With these directions, Writ Petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)