1 criwp-772-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 772 OF 2011 (Through Jail) Arun Nivalaji More, Convict No. C/6161, Central Prison, Aurangabad. Petitioner versus The State of Maharashtra and others. Respondents -------- Smt. S.D. Shelke, A.P.P. for the Respondent-State. -------- Coram: A.H.Joshi and A.R.Joshi,JJ. Date : 20th October 2011. Judgment (Per : A.H. Joshi, J.) 01. This is a letter petition sent by the prisoner. 02. The petitioner was granted furlough for 14 days. While on liberty, he applied for extension. His request for extension was not decided punctually. The petitioner did not report punctually, but spent time at home and ultimately, request for extension was refused. 2 criwp-772-11 03. In this petition, the petitioner has made following grievances:- (i) That, refusal to grant extension of furlough is erroneous. (ii) Amount of Rs. 10,000/= deposited by surety is not refunded to the surety apparently, because it is forfeited. 04. Perused the petition. 05. It is seen that while applying for extension, the Petitioner did not incorporate the reasons explaining exact ailment or sickness of his wife. 06. The application was accompanied by a medical certificate. It describes the ailment to be "Interi fever". It is well known that "Enteri fever" is known as "typhoid" and the type of sickness is a common connotation. We view the conduct of the petitioner in describing the name of ailment, not as a failure or omission, but as a conscious and deliberate act. 07. It appears that the petitioner is comparing other cases, where the grant of furlough was done in time and the prisoner concerned was able to avail the liberty. 3 criwp-772-11 08. Admittedly, while the petitioner was availing furlough, a complaint was lodged against him for his having abused the complainant and threatened by using a mobile phone. The petitioner has denied having done any such act. He also disputes commission of such act on the ground of probability. The fact, however, remains that the petitioner's entitlement for extension of furlough, is a matter of discretion of the competent authority. The discretion is exercisable only upon receiving police report. A full-fledged enquiry is not contemplated. Admittedly, adverse report was received and it constitutes adequate material in the hands of the competent authority as a basis of the order. 09. We therefore, decline to entertain first grievance of the petitioner, regarding extension of furlough. 10. It is seen that the petitioner has been punished for reporting late by 14 days. Rate of forfeiture of remission is 2 days for each delay in reporting i.e. 28 days for 14 days. On facts, we feel, the punishment to be modest, rather than severe. 4 criwp-772-11 11. Insofar as aspect grievance regarding forfeiture of surety is concerned, we find that even though the petitioner has reported late and is punished, admittedly, he has reported in jail and was arrested for bringing back to jail. 12. Whether the surety amount is liable to be forfeited in part or in totality on account of such delay in reporting, is a matter to be decided by the competent authority. However, failure to report on time does not automatically incur liability for forfeiture. 13. We, are therefore, satisfied that the order of forfeiture is not passed so far. Therefore, the competent authority shall give notice to the petitioner, calling upon him to show cause as to why surety amount should not be forfeited and after his reply, pass appropriate decision. 14. We hope, the order that may be required to be passed after such notice and reply thereto, would be a reasoned order, bearing in mind the sense of justice. 5 criwp-772-11 15. We, therefore, dispose of the petition, by directing the respondents that the Deputy Inspector of General (Prison) himself shall hear the petitioner, or cause him to be heard by a competent officer, who may be vested with power to order forfeiture of the surety. 16. Rule is made absolute, accordingly, to above extent. (A.R. JOSHI, J.) (A.H.JOSHI, J.) pnd/criwp-772-11