1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Writ Petition No.712 of 2008 Yogeshwar Umendrasingh Uprade, aged about 28 years, resident of Mq. Mundiwar, Post – Pauldawna, Tq. Salekasa, Distt. Gondia, presently lodged at District Prison Bhandara, C 4154. .... Petitioner. Versus 1. D.I.G. Prison [East] Nagpur. 2. Superintendent District Bhandara. .... Respondents. ***** Mr. N.A. Badar, Adv., for the petitioner. Mr. S.B. Ahirkar, Asstt. Public Prosecutor for respondents. ***** CORAM : A.H.JOSHI AND A.B.CHAUDHARI, JJ. Date : 09th January,2009. ORAL JUDGMENT [Per A. H. Joshi, J]: 1. This Court had issued notice. State has filed Affidavit. In view that the pleadings are complete, Rule. Rule is made returnable forth and heard by consent. 2 2. The petitioner is praying for his release on furlough leave. He relies on the version contained in para 4 of the petition, which reads as follows:- “4. Petitioner submits that the incident had occurred in the year 2000 and he came to be convicted in the year 2007 and in between all these years he was on bail and had resided at his own residence and was outside without any complaint from anybody.” [Quoted from page 2 of the Writ Petition paper-book] 3. This aspect has been replied by Affidavit-in- Reply through para no.4 therein which reads as follows:- “4. It is submitted that when the prisoner was on bail from 20.10.2004 to 9.7.2007 there was no complaint from anybody as per telephonic information in Salekasa Police Station.” [Quoted from page 7 of the Writ Petition paper-book] 4. While opposing the petition, reliance is placed on statement of one Khemlal Chandu Bhoyare expressing that if the convict is released on bail, apprehension of breach of peace exists. 5. In the background that the accused was at large during trial and nothing is brought on record to show that he has misused the liberty, we find that the grounds opposing the release are just raised for the sake of argument. Moreover, the language of the 3 statement recorded by the police is the typical “police language”, and not ad verbatim what the witness must have said. 6. In the result, we quash and set aside the impugned rejection order of furlough leave, and leave it to the Jail Authorities to impose such conditions as would be necessary as to the duration of leave, bond etc. Appropriate orders in this regard be passed within two weeks on receipt of Writ of this Court and petitioner be released on furlough leave accordingly, subject to those conditions. 7. Rule is made absolute in above terms. JUDGE JUDGE -0-0-0-0- |hedau|