AI Structured Summary
Not yet generated for this judgment
Judgment
N. H. Patil, J.—Rule. Rule made returnable forthwith. Heard finally by consent of parties. The petitioner is a life convict. As per the record placed before us, the petitioner was earlier released on furlough and parole in the years 2007, 2008, 2010 and 2011. On two occasions he surrendered late to the jail authorities; once he was late by 2 days and on second occasion, he was late by 13 days. On last two occasions, he surrendered to the jail authorities in time.
As per the available record, the petitioner''s family includes his mother and brother. The police intimated the jail authorities that the brother of the petitioner is addicted to liquor and hence, he would not be in a position to keep watch on the movements of the petitioner.
Learned counsel for the petitioner submits that, considering the past conduct of the petitioner, the jail authorities may consider his application for release on furlough on acceptance of personal bond. Learned A.P.P. Mr. Kaldate submits that, considering the record of the petitioner, appropriate orders be passed.
In view of the record placed before us, the writ petition is allowed. The order passed by the jail authorities is set aside and the matter is remanded back to the jail authorities. The jail authorities are directed to pass a fresh order on the application of the petitioner for releasing him on furlough, considering his request for releasing him on personal bond with appropriate conditions as may be deemed fit by the jail authorities. Rule made absolute in above terms.
Professional fees of Mrs. Rashmi S. Kulkarni, Advocate be paid as per rules. Authenticated copy of this order be provided to learned A.P.P. to act upon.