AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3088 OF 2009 Chandrakant Dattatray Rajkuwar ... Petitioner Vs. State of Maharashtra. ... Respondents Mr. Arfan Sait for the petitioner. Mr. V.B. Kanade-Deshmukh, A.P.P. for the respondent- State. Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road, Central Prison. CORAM: MRS. RANJANA DESAI & MRS. MRIDULA BHATKAR, JJ. DATED : 18TH JANUARY, 2010. P.C.:- 1. This petition is preferred from the Nashik Road Central Prison. The petitioner is a life convict. He is in jail for more than four years. He is aggrieved by the fact that his furlough application is rejected by the prison AJN 2 authorities. We are informed that the petitioner has never been released on furlough. 2. In the impugned order dated 30/9/2009, there is a reference to the adverse police report. It is stated that the police have reported that Lok Sabha Elections have been declared and it is apprehended that the petitioner will commit some serious offence and endanger law and order. Since the Lok Sabha Elections were over much prior to 30/9/2009, this police report should not have weighed with the Inspector General of Police (Jail). 3. Police report dated 30/3/2009 is annexed to the affidavit of Mr. Jagan Nath. It is stated in the report that the eye operation of the petitioner's mother is fixed. Medical certificate is produced by him. It is stated that the petitioner has never been released on furlough. It is stated that the petitioner's sister is prepared to stand surety for him and if the petitioner is released on furlough, there is no danger to the complainant and the witnesses. AJN 3 Inspite of this, it is stated that because the petitioner is likely to commit serious offence during Lok Sabha elections, he may not be released on furlough. We are amazed at this approach. 4. An affidavit is filed on 5/12/2009 by Mr. Jagan Nath, Special Inspector General of Police (Jail), Central Region, Aurangabad. In the affidavit, it is inter alia stated that the police have sent adverse report dated 30/3/2009 that if the petitioner is released on furlough, there is likelihood of the law and order problem during the Lok Sabha Elections, and, therefore, the petitioner cannot be released on furlough. This makes it clear that though Lok Sabha Elections were over, the possibility of the petitioner creating law and order problem during Lok Sabha Elections was taken into consideration while rejecting the furlough application. At least, while filing affidavit care should have been taken. We hope that this will not be repeated again. If otherwise, the police report is favourable and if there are no Lok Sabha elections, we do AJN 4 not see why the petitioner should not be released on furlough. 5. Learned A.P.P. on instructions from Mr. Sushil Kumbhar, Jailer, Group-II, Nashik Road Central Prison, states that at present the petitioner is lodged in Nashik Road Central Prison and his behaviour in Nashik Road Central Prison is satisfactory. We are, therefore, of the opinion that the petitioner should be released on furlough after imposing usual conditions on him. Hence, the following order : ORDER “The Prison Authority – Inspector General of Police (Jail), Aurangabad is directed to release the petitioner on furlough, if he offers an acceptable surety and if he fulfills other requirements. All usual terms and AJN 5 conditions shall also be imposed on him. Needless to say that after the furlough period is over, the petitioner shall surrender to the jail.” 6. The petition is disposed of. 7. Copy of this order may be communicated to the petitioner in jail. [MRS. RANJANA DESAI, J.] [MRS. MRIDULA BHATKAR, J.]