Cr.WP/723/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 723 OF 2011 Abdul Naser Kazi C-6261, Central Prison, Aurangabad ..Petitioner VERSUS The State of Maharashtra ..Respondent ... APP for Respondent : Smt. S.D.Shelke ... CORAM : A. H. JOSHI & A. R. JOSHI, JJ. Dated: September 12, 2011 ... ORAL JUDGMENT :(Per A.H.Joshi, J.) :- 1. Rule. Rule made returnable forthwith, by consent. 2. The petitioner's grievance is that, because of reporting late to Prison by one day, after availing the furlough leave, on account of injury suffered by him to his leg, entire bond amount of Rs.15,000/- has been forfeited and not refunded to him. 3. We had called learned APP to seek instructions and record in this case. akl Cr.WP/723/2011 2 4. Learned APP has tendered a short affidavit sworn by jail authority and also produced case papers. 5. It is seen that the petitioner had suffered some injury to his leg, which according to him had occurred while he was working in the farm, and due to this, he has reported in the prison, late by one day. 6. Be that as it may, whether the bond amount should be forfeited, is a matter to be decided after giving notice to the prisoner concerned. It is not shown that this procedure has been followed in the present case. 7. We, therefore, direct the jail authority to issue intimation to the petitioner, giving him reasonable time to reply, calling upon him to explain as to why the amount of bond should not be forfeited, and pass appropriate order thereafter. 8. In the event, some part of the bond amount is to be forfeited, the petitioner is entitled to refund remaining part of the amount which may not be akl Cr.WP/723/2011 3 forfeited. 9. The order, as be passed, be served on him. 10. Rule made absolute accordingly. 11. Learned APP is directed to communicate this order to Jail authorities and DIG Prisons, for compliance. 12. Steno copy is allowed. ( A. R. JOSHI, J. ) ( A. H. JOSHI, J. ) ... akl