IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 1959 OF 2008 WRIT PETITION NO. 1959 OF 2008 WRIT PETITION NO. 1959 OF 2008 Dawood @ Dawood Taklya Mohammed Phanse ] .. Petitioner Versus 1. The State of Maharashtra & 3 ors. ] .. Respondents Mrs. Farhana Shah for the petitioner. Mrs. M.M. Deshmukh, APP, for the respondents. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 22ND OCTOBER, 2008 P.C. : 1. Rule. 2. Learned Addl. Public Prosecutor appearing for the respondents waives service. 3. By consent, Rule made returnable forthwith. 4. We have heard the learned counsel for the petitioner and the learned APP and also gone through the papers on record. It is brought on record that the accused, though convicted for life is in jail for more than 14 years and he is claiming furlough since he is : 2 : old and he has to take medical treatment. The State has strongly opposed this Petition on the ground that he is an accused in the Mumbai bomb blast case and that if he is released, he may contact the absconding accused and there is every danger that he may get involved in some serious offence. 5. What we find is that the objection taken by the State is not tenable in law. Only because the petitioner is an accused from the Mumbai bomb blast case, his right to get furlough leave, which is his statutory right, cannot be taken away unless there are valid grounds. On a perusal of the Police report, it appears that on enquiry, his relations and other persons residing adjoining to him have stated that if the petitioner comes on furlough leave, he will behave in a proper manner and that they are ready and willing to stand as surety for him. As against that, it is reported by the Police that even though he is an old man, he is likely to have connections with Shabbir Sayed Ismail who is an absconding - accused from the village Agarwadi which is at a distance of four kilometers and that he may commit some serious offence. Assuming for a moment that there is such a likelihood, then in that circumstance, the State machinery can follow the petitioner when he meets Shabbir Sayed Ismail and can : 3 : apprehend the absconding accused also. In fact, that would be a more proper way to apprehend the absconding accused instead of saying that the petitioner should not be released on furlough and there is no foundation for such observations in the Police report. It is only a surmise and/or pure imagination of the Police officer. Therefore, we are not impressed by the objection raised by the Police. 5. We find that it is a case of merit in favour of the petitioner to get furlough leave for a period of 14 days. We, accordingly, direct that the petitioner be released on furlough for a period of 14 days from the date of his actual release, on his furnishing two sureties in the amount of Rs.10,000/- each, with a personal bond in the like amount to the satisfaction of the Superintendent of Jail, Nasik Road Central Prison. During his furlough period, on alternate days, the petitioner shall report to the Mhasla Police Station, District Alibag at 10.30 a.m. in the morning and if, on any occasion, he fails to appear before the concerned police, the respondent may arrest him and put him back to jail to serve the remaining sentence. Before being released on furlough, the petitioner shall also furnish his address at which he will be available during the period of furlough. : 4 : 6. Rule made absolute in the terms aforesaid. Writ Petition stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]