-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.195 OF 2008 Vasudev Shankar Kanjarbhat ] Age 48 years, resident of ] Post Pen, Taluka Pen, ] Prisoner No.C/13799 ] (At present in Yerwada ] Central Prison, Pune.) ]...Petitioner Vs. 1. The Superintendent of ] Prisons, Yerwada Central] Prison, Pune. ] ] 2. The State of Maharashtra] Through the Secretary, ] Home Department, ] Mantralaya, Mumbai ] 400032 ]...Respondents ... Mrs.Indrayani M.Koparkar Advocate for Petitioner Mr.A.R.Patil APP for Respondents ... CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 DATE : FEBRUARY 7, 2008 ORAL JUDGMENT [PER S.B.MHASE,J]: ORAL JUDGMENT [PER S.B.MHASE,J]: ORAL JUDGMENT [PER S.B.MHASE,J]: 1. Heard. Rule returnable forthwith. 2. The Petitioner is a convict bearing No.C-13799. He was released on furlough on 12.6.2007. On -2- 26.6.2007 extension of 14 days furlough leave was granted by the jail authorities. However, the Petitioner surrendered himself before the jail authorities on 15.7.2007. There was a delay of one day in surrendering and therefore, on account of the overstay of one day, his cash security was withheld by the jail authorities and he was also punished for overstay. Both these orders are challenged by the Petitioner. 3. The learned counsel for the Petitioner submitted that the Petitioner’s mother was ill and therefore, he could not report on the earlier day and therefore, there is a technical overstay but he has voluntarily surrendered and it is not the case that the police or the jail authorities have to trace him and thereafter, he was to be brought to the jail. The learned APP for the State vehemently opposed for allowing the petition contending that ultimately it is overstay and therefore, the forfeiture of security deposit and the punishment awarded is justified. 4. What we find is that there is honest reason -3- given by the Petitioner and the Petitioner himself has surrendered to jail authorities. The illness of the mother of the Petitioner appears to be a genuine reason for overstay for a period of one day. In fact, the jail authorities have already extended furlough for 14 days. In these circumstances, we find that the penalty of forfeiture and/or withholding of the security deposit and the punishment for the overstay is not justified at all. Writ petition is allowed accordingly. The order passed by the Respondent on 5.9.2007 bearing Out Ward No./Bandi Raja/Kashi/17677 of 2007, is set aside. Cash security be returned to the Petitioner. 5. Rule made absolute in the above terms. [SMT.V.K.TAHILRAMANI,J.] [ S.B.MHASE, J.]