1 Cri. W.P.1082/10 Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1082 OF 2010 Vittal Vajir Solanki ..Petitioner Vs. Deputy Inspector General, Western Region, Yervada Central Prison, Pune. ....Respondents None present for petitioner. Mrs. S.D. Shinde, APP for State. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATED : 11TH AUGUST, 2010 P.C. Heard Mrs. Shinde, the earned A.P.P. This is a petition received from the Jail. 2. It appears that the petitioner was released on furlough leave by the Deputy Inspector General, Western Region, and the said period was extended. He was to report on expiry of the extended period to the jail on 27th January, 2009. However, he reported late by one day i.e. on 28th January, 2009 and on his own surrendered. He came to be issued a show cause notice on 29th December, 2009 to 2 Cri. W.P.1082/10 warn him as he had reported late by one day. He apprehends that in addition to the punishment proposed in the show cause notice dated 29th December, 2009 the jail authorities may forfeit the security deposit of Rs.6,000/-. 3. Though the show cause notice mentions the proposed punishment of warning, our attention has been invited to Form “C” of the Bond Giving in a Cash Security as annexed to the Maharashtra Prisons (Bombay Furlough and Parole) (Amendment) Rules, 2003. The said Bond indicates that in case of making any default in reporting to the jail after the expiry of the furlough leave the convict has to forfeit to the Government the sum of the bond. Thus the apprehension of the petitioner is not imaginary. 4. The show cause notice dated 29th December, 2009 clearly indicates that the petitioner may, at the most, be warned for reporting late by one day and this Court has already taken a view that in case of failure to surrender there cannot be punishment of deduction of remissions or any other punishment and forfeiture of the security deposit. 5. Hence we direct the Superintendent of Yerwada Central Prison to refund the cash security deposit of Rs.6,000/- to the petitioner 3 Cri. W.P.1082/10 notwithstanding the show cause notice dated 29th December, 2009. Petition is disposed off accordingly. (ANOOP V. MOHTA, J) (B.H. MARLAPALLE, J.)