Bombay High Court
SANTOSH MOHAN RAJPUTversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed, and the petitioner may file a fresh furlough application as per the Maharashtra Prisons (Furlough and Parole) Rules.
Summary
Santosh Mohan Rajput filed a writ petition seeking furlough leave for the year 2024. The petitioner’s wife declined to act as surety for his release, as recorded in an affidavit. The court noted that the period for which furlough was sought had already lapsed. Accordingly, the court held that the petitioner may file a fresh application for furlough leave under the Maharashtra Prisons (Furlough and Parole) Rules. The petition was disposed, and the pending interim applications were also dismissed.
Issues considered
- Whether the petitioner is entitled to furlough leave for the year 2024 despite the lapse of the period and lack of surety.
Subjects
- furlough leave
- surety
- Maharashtra Prisons (Furlough and Parole) Rules
- fresh application
- prison law
Judgment
KSG 3-WP-237-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 237 OF 2025
Santosh Mohan Rajput … Petitioner
V/s.
State of Maharashtra … Respondent
WITH
INTERIM APPLICATION NO.70 OF 2025
WITH
INTERIM APPLICATION NO.64 OF 2025
IN
WRIT PETITION NO. 237 OF 2025
_______________________________________
Mr. Hrishikesh R. Chavan, Appointed Advocate for the Petitioner.
Ms. P.P. Shinde, A.P.P. for Respondent No.1-State.
Ms. Lata Sangolkar, Jailor Gr-II, Thane Central Prison, Thane.
_______________________________________
CORAM : A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 2nd FEBRUARY 2026
P.C. :
1) Learned APP tendered across the bar Affidavit of Smt. Rani
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.02.09
Bhosale, Superintendent, Thane Central Prison, Thane. The same is taken on
18:45:06
+0530
record. It is stated therein that, wife of the Petitioner is not ready and willing
to stand as a surety if he is released on furlough leave.
2) The present Petition is for the furlough leave for the year of
2024. According to the learned APP, the said period has now lapsed.
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KSG 3-WP-237-2025.doc
3) In view thereof, Petitioner is entitled to file fresh Application for
furlough leave, as may be permissible in law and the jail Authority will
consider it as per the provisions of Maharashtra Prisons (Furlough and
Parole), Rules.
4) Petition is accordingly disposed off in the aforesaid terms.
5) In view of disposal of Petition, Interim Application Nos.64 of
2025 and 70 of 2025 pending therein, do not survive and are accordingly
disposed off.
( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )
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