AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.186 OF 2010 Sarviraj Abraham Kounder ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Ms. Rebecca Gonsalves for the petitioner. Ms. S.D. Shinde, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 25TH FEBRUARY, 2010. P.C.:- 1. The petitioner is a life convict. He is lodged in Yerwada Open Prison. The fact that the petitioner is lodged in Yerwada Open Prison indicates that his conduct in jail is good. This fact is not disputed by learned A.P.P. 2. The petitioner was released on furlough on 23/12/2008 for 14 days. Thereafter, his furlough leave was extended AJN 2 upto 20/1/2009 on account of his father’s illness. The petitioner surrendered to the prison late by one day i.e. the petitioner surrendered to the prison on 21/1/2009. Because of his late surrendering by one day, remission of one day is cut and an amount of Rs.4,000/- deposited by him as cash surety has been forfeited. That is the reason why he has filed this petition praying that the impugned order be quashed. 3. Normally, we are reluctant to interfere with the prison punishments because prison discipline must be strictly observed. In this case, the petitioner was released on furlough on earlier four occasions. On each occasion, he has surrendered to the prison on time. This is not disputed by learned A.P.P. The fact that his father is ill cannot be disputed because the medical certificate is annexed to this petition and, in fact, on that ground his furlough leave was extended. Therefore, in our opinion, in the peculiar facts and circumstances of the case, though the punishment of cutting remission should be maintained, forfeiture of cash AJN 3 surety of Rs.4,000/- needs to be set aside. Hence, the following order. 4. The punishment of cutting remission of one day imposed on the petitioner is maintained. Forfeiture of his cash surety of Rs.4,000/- is set aside. The impugned order is modified to the above extent. The amount of cash surety of Rs.4,000/- be returned to the petitioner. We make it clear that this order cannot be used as precedent. 5. The petition is disposed of. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]