1. The applicant/prisoner has taken-out this application for seeking furlough admissible to him. The application contains that his furlough application preferred to the Competent Authority is pending since more than 1 year and no decision is taken thereon.
2. Learned APP has placed on record the order of the Division Bench passed in Criminal Misc. Application No.8933 of 2012 in Criminal Appeal No.488 of 2011, wherein this Court on 16/07/2012 passed the following order.
"On 10th July, 2012, learned APP was granted time to verify the contents of the application to find out outcome of furlough application.
Learned APP, Mr.Pujari, states that the furlough application was dated 21.7.2011. On the very day, police opinion from District Superintendent of Police, Dahod was called for. As nothing was heard from District Superintendent of Police, Dahod, 1st Reminder was sent on 14.10.2011, 2nd Reminder was sent on 18.10.2011, 3rd Reminder was sent on 30.12.2011, 4th Reminder was sent on 11.1.2012, 5th Reminder was sent on 13.2.2012, 6th Reminder was sent on 10.4.2012 and last in the line i.e. 7th Reminder sent on 11.7.2012. Learned APP, on instructions, states that no opinion is received from District Superintendent of Police, Dahod so far.
Registry is directed to send a cop0y of this order to District Superintendent of Police, Dahod, who shall depute a responsible officer to this Court to answer the aforesaid averments made by learned APP. The officer not below the rank of Deputy Superintendent of Police shall remain personally present before this Court with the record of this case.
A copy of this order be also sent to Secretary, Home Department for his attention and necessary action in the matter.
A copy of this order be made available to learned APP for is onward communication on his end.
Matter is kept on 23rd July, 2012."
3. Learned APP has submitted that the said Criminal Misc. Application is thus awaiting its adjudication by the Division Bench. The learned APP has submitted under the instructions that the Criminal Misc. Application No.8933 of 2012 in Criminal Appeal No.488 of 2011 is in respect of temporary bail prayer.
4. This Court is of the considered view that the present application, which has been preferred before this Court in respect of furlough need not be unnecessarily adjourned as the Division Bench of this Court also has viewed inaction on the part of the concerned authorities in not deciding the application seriously. Therefore, deciding this furlough application at this stage would in no manner be inconsistent with or contrary to the views of Division Bench and therefore, the following order is required to be passed.
5. Learned APP has informed this Court that as many as seven reminders have been sent to concerned DSP, requesting his opinion with regard to the furlough leave and surety and the verification of the person at whose place the petitioner has to stay. Those reminders have remained un-replied. In light of this, the Court could have passed order straight way directing authority to dispose of furlough application. However, the ascertaining of whereabout and veracity of the person with whom or at whose place the prisoner could stay during his furlough is also equally important. Therefore, this matter is adjourned to 24th July, 2012 and in the meantime the concerned authority is directed to place on record the verification and reasons and an outcome of furlough application. The matter is adjourned to 24th July, 2012.
(S.
R. Brahmbhatt, J.) Rathod Top