1 Cri.WP No.721/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.721 OF 2011 Shri Narsing Motisa Aarsid Convict No.4325 in Open Jail Paithan, Tq. Paithan, District Aurangabad. = PETITIONER VERSUS 1) The State of Maharashtra = RESPONDENT Mr.NB Patil, APP for State ----- CORAM : A.H.JOSHI & A.R.JOSHI,JJ. DATE : 12th October, 2011. ORAL JUDGMENT (PER :A.R.JOSHI,J.) 1) Rule. Rule is made returnable forthwith. Heard finally at the stage of admission. 2) The petitioner is a life convict, presently undergoing the sentence in Open District Prison, Class-I, Paithan, Tq. Paithan, District Aurangabad. 3) On 24th April, 2010, the petitioner/convict preferred an application to the Superintendent of Open Prison, Paithan for his release on furlough. Thereafter he preferred reminders to the concerned authorities. Request 2 Cri.WP No.721/2011 of the petitioner was rejected by the Competent Authority, asking for surety bond from the solvent surety. 4) Being aggrieved by the action of not releasing the petitioner/convict on furlough, he preferred a letter petition to the Registrar of this Court, vide letter dated 18th October, 2010. 5) Thereafter, another letter petition was forwarded to the Registrar of this Court, vide letter dated 22nd July, 2011, which is treated as present Criminal Writ Petition No.721 of 2011. 6) Admitted position, factual and legal, so far as the present petition is concerned, is as under - (1) The petitioner is presently undergoing the sentence in Open District Prison, Class- I, Paithan, District Aurangabad; (2) As per the decision of the Full Bench of this Court in Criminal Writ Petition No.848 of 2010, the prisoner, who is confined in open prison, can be released on parole/furlough by the Competent Authorities by dispensing with the requirement of execution of a surety bond by the relatives of the prisoner. 3 Cri.WP No.721/2011 (3) Proviso to Section 6 of the Prison (Bombay Furlough and Parole) Rules, 1959, gives discretion to the Competent Authority to dispense with requirement of execution of a bond by the relatives of the prisoner, who is a convict, confined in Open prison. 7) We have gone through the decision of the Full Bench of this court in Criminal Writ Petition No. 848 of 2010 and 954 of 2010. We have also gone through the provision contained in Section 6 of the Prison (Bombay Furlough and Parole) Rules, 1959, which envisages as under : "6. Furlough not to be granted without surety – A prisoner shall not be granted furlough unless he has a relative willing to receive him while on furlough and ready to enter into a surety bond in Form A appended to these rules for such amount as may be fixed by the Sanctioning Authority: Provided that the sanctioning Authority may dispense with the requirement of execution of such bond by relatives of prisoners confined in Open Prisons as defined in clause (b) of rule 2 of the Maharashtra Open Prisons Rules, 1971." 8) After hearing the submissions advanced on behalf of the petitioner, we are satisfied that it is a case, in which the prisoner can be 4 Cri.WP No.721/2011 released on furlough on his executing PR bond, without insisting on bond from the surety. 9) We, therefore, direct the Competent Authority to pass necessary orders for release of the petitioner on furlough, on usual terms and conditions, for the specified period of 15 days, on his executing personal bond to the tune of Rs. 1,000/- (Rupees one thousand), without insisting for execution of a bond from any other surety/relatives of the petitioner. Needless to say that the petitioner should report to the concerned jail authorities without fail,after the furlough period is over. 10) Rule is made absolute on the above terms with no order as to costs. Sd/- sd/- (A.R.JOSHI,J.) (A.H.JOSHI,J.) bdv/