-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION MISC. APPLICATION NO. 05 OF 2009 IN CRIMINAL APPEAL NO. 37 OF 2008 IN M.C.O.C. SPL. CASE NO. 10 OF 2005 Vishnu Gangaram Pilankar .. Applicant/ Appellant. (Org.Accused) V/s. The State of Maharashtra : .. Respondents. (Through DCB, CID Unit,Mumbai) ---- Mrs. S.A. Dhamale for the Applicant/Appellant. Mr. Y.M.Nakhawa, APP for the State. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 06th FEBRUARY,2009 DATED : 06th FEBRUARY,2009 DATED : 06th FEBRUARY,2009 P.C.: P.C.: P.C.: 1. Heard Mrs. Dhamale, learned counsel for the applicant and Mr.Nakhawa, learned APP for the State. 2. This application is taken out for grant of furlough leave for a period of 30 days. By the judgment and order dated 3.12.2007, the applicant came tobe convicted for the offence punishable under sections 143, 147, 452 and 307 read with section 149 of the Indian Penal Code and sentenced to suffer R.I. for five years and to -: 2 :- pay fine of Rs.5000/-, in default to suffer further R.I. for six months. The applicant accused is also convicted under section 3(1)(ii) of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to suffer R.I. for five years and to pay fine of Rs.Five lakhs, in default to suffer further R.I. for one year. The sentences were directed to run concurrently. 3. The applicant was arrested on 29th of January, 2005 in the above said offences and during the pendency of the trial he was not granted bail. The applicant is undergoing the sentences in the Nasik Central Prison, Nasik. The applicant has completed almost four years in the custody. In these circumstances, the applicant accused has applied for furlough leave with the concerned authority, viz., D.I.G. Prison, Central Division, Aurangabad. The report was called for from the Superintendent of Police Sindhudurg, as the applicant is a resident of Kankavali. The Dy. Superintendent of Police Headquarters, Sindhudurg gave report to DIG Prison, Central Division, Aurangabad, pointing out that the sessions case No. 36 of 2004 is pending against the applicant. It is also stated that the applicant is connected with a notorious Rajan Gang. Relying upon this report the Competent Authority viz.DIG Prison, Central Division,Aurangabad by the order dated 25/26th of August, -: 3 :- 2008 rejected the applicant’s application for furlough leave. 4. The applicant has annexed the judgment and order passed by the learned 1st Adhoc Additional Sessions Judge, Palghar in sessions case No. 36/2004. The applicant is accused no.5 in the said sessions case. The said sessions case was disposed of by the learned Additional Sessions Judge, Palghar on 19.09.2005 and the present applicant came to be acquitted of the charge / offence punishable under sections 302, 307 read with section 34 of the IPC. Thus the grounds stated in the order rejecting the applicants application for furlough leave are not in existence. It is not disputed by Mr. Nakhawa, the learned APP, after taking instructions, that the applicant is entitled for furlough leave. In that view of the matter, I find that the applicant is entitled for furlough leave. I, therefore, dispose of this application by passing the following order : i. The Order dated 25/26th of August, 2008 passed by the DIG Prison, Central Division, Aurangabad is hereby quashed and set aside. ii. The applicant is directed to be released on furlough leave for a period of 15 days from the date -: 4 :- of release on executing personal bond in the sum of Rs.5000/- and furnishing surety of his brother- Dattguru Gangaram Pilankar in the like amount to the satisfaction of concerned authority. iii. During the period of furlough leave of 15 days, the applicant shall reside at Kankavli. iv. The applicant shall report Kankavli Police Station twice in a week i.e. on Monday and Friday and after completion of the furlough leave of 15 days, shall surrender before the concerned jail authorities, namely, Nasik Central Prison, Nasik. (R.V.MORE,J.) .....