1. This Application has been preferred by the applicant-convict no.13914 to allow him to enjoy the furlough leaves as he has been denied the same on the ground that untoward incidence may occur if that liberty is granted.
2. Having heard learned APP Mr. R.C. Kodekar and on perusal of the record, it emerges that the complainant side has apprehended threat to his life if the applicant is allowed to enjoy the furlough leave.
3. As can be noted from the record that the accused has already been granted temporary bail by virtue of the order of this Court and it is further conveyed that no untoward incidence had occurred while he was given such bail. There is no reason to deny him his entitlement of furlough leave. Some stringent conditions can be imposed to ensure the safety. Accordingly, this challenge to the order succeed.
4. Applicant is permitted to be enlarged on furlough leave for a period of 14 days with the following conditions:
a) Applicant-convict shall be permitted his fourteen days of furlough leave and such period shall begin on the date on which he is released from the jail;
b) Applicant shall be permitted to enjoy furlough on his furnishing personal bond of Rs. 20,000/- and one surety of like amount.
c) While on furlough, he shall not indulge in any activity which is contrary to the law;
d) Upon completion of the said furlough leave period, the applicant shall surrender before the jail authorities.
Special Criminal Application stands disposed of. Rule is made absolute accordingly.
Registry shall forthwith communicate this order to the prisoner in jail.
(MS SONIA GOKANI, J.) chandrashekhar* Top