1 Cri. W.P.No.234 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No.234 Of 2011 * Sayaji Hanmant Bankar ] Age Major, ] C.No.4242, Open Prison, ] Paithan, District Aurangabad. ] .. Petitioner. Versus 1) The State of Maharashtra ] ] 2) Special Inspector General of ] Police, Aurangabad. ] .. Respondents. -------- Shri. J.R. Shah, Advocate, appointed, for petitioner. Smt. R.K. Ladda, Additional Public Prosecutor, for respondent Nos.1 and 2. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE: 15th APRIL 2011 ORAL JUDGMENT : (Per Naresh H Patil, J. 1) Rule, rule made returnable forthwith. 2) The petitioner is undergoing sentence of life imprisonment. He is at present in Open Prison, Paithan, District Aurangabad. It is submitted that the petitioner was 2 Cri. W.P.No.234 of 2011 convicted and sentenced by Sessions Court, Satara on 6th March 2000. 3) The learned Additional Public Prosecutor, on instructions, submitted that on 6th March 2009 the petitioner was released on furlough and he surrendered 5 days earlier to the scheduled date of surrender. The petitioner has undergone imprisonment for more than ten years. 4) The learned counsel appearing for the petitioner Shri. J.R. Shah submitted that on 29-6-2010 the petitioner applied for furlough which was granted by the authorities on 9th September 2010. The order was communicated to the prison authorities on 12th September 2010. It was forwarded to the Tahsildar Koregaon, Taluka Koregaon, District Satara on 16th September 2010. In spite of the same the petitioner was not released on furlough. 5) The learned Additional Public Prosecutor is instructed today by Tahsildar, Koregaon, Smt. Jayashri Avhad and the Superintendent of Open Prison Paithan, Mr. P.D. Bhalerao. 3 Cri. W.P.No.234 of 2011 6) The issue is as to whether the delay in forwarding surety papers from Tahsil office to the jail authorities was on account of delay caused at the behest of the petitioner's relatives. The learned Additional Public Prosecutor has placed on record a communication made by one Rajendra Krishna Tupe addressed to the Tahsildar and a communication made by the Tahsildar, Koregaon dated 15th April 2011. The said papers are taken on record and marked as "X". 7) The learned Additional Public Prosecutor, on instructions, submitted that on 7th January 2011 an envelope containing surety papers was handed over to Rajendra Tupe but unfortunately due to personal difficulty he could not hand over the same in time to the jail authorities. 8) The learned counsel Shri. Shah has referred to communication made by the Inspector General of Prisons, Maharashtra State, dated 11-6-1996 in respect of extension of date of compliance of orders regarding releasing prisoners on furlough upto 4 months. We have perused the 4 Cri. W.P.No.234 of 2011 same. 9) The learned counsel Shri. Shah further submitted that there is technical lapse in forwarding the surety papers to the authorities. The past record of the petitioner is clean and unblemished. In case the petitioner is denied benefit of his furlough he would be deprived of meeting his relatives. 10) We have considered the material placed on record. Perused the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959, Rule 3 Note 5 thereof, and the official communication made by the Inspector General of Prisons. 11) We find that, the orders releasing prisoners on parole or furlough have to be diligently complied with by the concerned authorities. Any delay or lapse in compliance of the orders would disentitle a prisoner from getting benefit of release on furlough or parole. 12) In the facts of the case we find that, considering the Rules, 1959 and the material placed on record it is 5 Cri. W.P.No.234 of 2011 desirable on the part of the authorities to pass a fresh order directing release of the petitioner on furlough. 13) We direct the Deputy Inspector General of Prisons, Aurangabad, to pass appropriate orders directing release of the petitioner - Sayaji Hanmant Bankar on furlough leave on the basis of the application which was already filed by the petitioner and the surety bonds received by the jail authorities, within a period of two weeks from today. 14) Rule is made absolute in the above terms. 15) Authenticated copy be given to the Additional Public Prosecutor. The authorities to act on the authenticated copy of the order of this Court. 16) The High Court Legal Services Sub Committee Aurangabad is directed to pay the professional fees to the counsel appointed for the petitioner. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl