wp1136.11 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1136 OF 2011 Pandit Vitthal Wankhede, Convict No. 4379, Open Jail Paithan, Dist. Aurangabad ...Petitioner Versus The State of Maharashtra ...Respondent ..... Ms. Shilpa Awchar (appointed), advocate for petitioner. Mr. S.B. Pulkundwar, A.P.P. for respondent. ..... CORAM: S.B. DESHMUKH AND A.M. THIPSAY, JJ. DATED: 22nd December, 2011 ORAL JUDGMENT (PER DESHMUKH, J) :- 1 Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. We have heard learned counsel for the parties. We have seen the order passed by the Larger Bench of this Court in Criminal Writ Petition No. 848 of 2010, with Criminal Writ Petition No. 954 of 2010 on 4th May, 2011. 3. With the assistance of the learned counsel for the parties, we have seen the order passed by the Larger Bench and in paragraph No. 23, it has wp1136.11 -2- been specifically observed by the Larger Bench that we hold that as per the proviso to rule 6 of the Rules 1959, a convict confined in open prison can be released on furlough by the sanctioning authority by dispensing with the requirement of execution of bond by the relatives. It is also further observed that we hold that a convict confined in open prison can be released on parole by the authorities by dispensing with requirement of execution of bond by the relatives. 4. The case in hand, the learned counsel appointed for the petitioner points out the application of the petitioner dated 11th November, 2011. The learned A.P.P. submits that in view of the Larger Bench judgment discretion is with the Competent Authority to permit the prisoner, who is lodged in open prison, to be released on personal bond. In view of the Larger Bench judgment, he submits that if the present application of the petitioner is remitted to the Deputy Inspector General of Prison, Aurangabad, the said application would be considered and disposed of in view of the proviso to rule 6 of the Rules, 1959 and in view of the observations made by the Larger Bench of this Court within a period of three weeks. The statement made by the learned A.P.P. is accepted and taken on record. 5. We are inclined to partly allow this Writ Petition. We remit the application of the petitioner dated 11.11.2011 to the Deputy Inspector General of Prison, Aurangabad for a decision in view of the proviso to rule 6 of The Prison (Bombay Furlough and Parole) Rules, 1959 and in the light wp1136.11 -3- of the observations made by the Larger Bench of this Court in Writ Petition Nos. 848/2010 and 954/2010. The decision to be rendered by the learned Deputy Inspector General of Prison, Aurangabad within five weeks from today. 6. The Registry to communicate this order to the learned Deputy Inspector General of Prison, Aurangabad. Apart from this, the Authentic copy is permitted to the parties on the request and as per usual procedure. 7. The learned A.P.P. should make available a copy to the Authorities concerned. The Rule is made absolute accordingly. No Costs. 8. We quantify the amount payable to Ms. Shilpa Awachar, the learned Advocate appointed towards fee for conducting this matter, at Rs. 1500/-. 9. The Registry is directed to remit the original application dated 11.11.2011 of the petitioner which is in the file of this Writ Petition, to the Deputy Inspector General of Prison, Aurangabad within a period of two weeks from today along with copy of this order. From the receipt of the original application and the copy of this order, the Competent Authority shall decide and dispose of the application within a period of three weeks. The authorities shall pass the order relating to the dispensation of security and acceptance of the personal bond. 10. The order directing the petitioner to give security of his relatives for wp1136.11 -4- an amount of Rs. 2000/- is quashed and set aside. The authorities concerned may consider release of the petitioner on his furnishing personal bond in the sum of Rs. 2000/- in view of the observations of the Larger Bench of this Court. (A.M. THIPSAY, J.) (S.B. DESHMUKH, J.) sga/