AI Structured Summary
Not yet generated for this judgment
Judgment
A.B. Chaudhari, J.—Rule. Rule is made returnable forthwith. Learned Asst. Govt. Pleader Mr. Pathan waives service on behalf of respondents. With the consent of rival parties, this Writ Petition is taken up for final hearing and disposal. Learned Adv. Mrs. Dhotre [appointed] for the petitioner submits that the petitioner was shifted to Open Prison obviously because he completed maximum period of imprisonment in regular jail. She, therefore, relied on the Full Bench decision of this Court in 2011 (113) BOMLR 1859 (Bom.) and argued that her client the petitioner is entitled to be released on furlough without furnishing any surety. In the alternative, she submitted that the petitioner would still try to get a surety, but if it is not possible, the authority should be directed to release the petitioner on a personal bond. She then submitted that the financial position of the petitioner and his family members is too bad to afford the service of a surety.
Per contra, learned APP Mr. Pathan in fairness submitted that the decision of Full Bench would apply in the instant case. He, however, agrees that the decision of Full Bench cannot be taken as a straight jacket formula to release the prisoners from open prisons on furnishing personal bond and there is a discretion in the authority upon verification of required facts, to do what is required to be done in the interest of justice.
We have seen the Full Bench judgment of this Court. We find that the petitioner being in open prison, must have completed long number of years of imprisonment in regular jail and that is why he was shifted to the open prison.
In so far as the ground raised in this petition about the alleged poverty of the petitioner is concerned, in the absence of any enquiry or investigation on that aspect, we will not be able to comment anything. However, since there is a discretion in the authority to find out if a prisoner can be released on a personal bond rather than insisting for surety, we think it appropriate to make the following order:-
ORDER
[a] Criminal Writ Petition No. 295 of 2014 is partly allowed.
[b] The respondents are directed to consider the prayer made by the petitioner for releasing him with or without a surety, depending upon the enquiry to be made, for coming to that conclusion. All that shall be done within a period of one month from today.
Fees payable to learned Adv. Mrs. Dhotre [appointed] for the petitioner are quantified at Rs. 1,500-00 [rupees one thousand five hundred only]. Steno copy of this order be supplied to learned APP to act upon.