Case Note & Summary
The petitioner, Ramu Harishchandra Bawane, a convict undergoing sentence in Central Prison, Nagpur, was granted furlough. However, the prison authorities directed him to furnish a surety who is an ordinary resident of Maharashtra, which he challenged as he is domiciled in Gujarat. The Bombay High Court, after hearing the Additional Public Prosecutor, directed the authorities to suggest alternative modalities to avoid insistence on such a surety. The court held that the condition was unreasonable and allowed the petition, directing that the petitioner be released on furlough upon executing a personal bond and furnishing a surety from Gujarat, with the bond to be executed before the jurisdictional Magistrate in Gujarat. The court also directed the prison authorities to consider similar cases in the future and adopt a pragmatic approach.
Headnote
A) Prisons Law - Furlough - Condition of Surety - Reasonableness - The court considered whether the condition requiring a surety to be an ordinary resident of Maharashtra is reasonable when the convict is domiciled in Gujarat - Held that such condition is unreasonable and alternative modalities like execution of bond before the jurisdictional Magistrate in Gujarat can be adopted (Paras 2-4).
Issue of Consideration
Whether the condition imposed by prison authorities requiring a furlough grantee to furnish a surety who is an ordinary resident of Maharashtra is reasonable, especially when the grantee is domiciled in another state.
Final Decision
The petition is allowed. The impugned order directing the petitioner to furnish a surety who is an ordinary resident of Maharashtra is set aside. The petitioner shall be released on furlough on his executing a personal bond and furnishing a surety from Gujarat, and the bond shall be executed before the jurisdictional Magistrate in Gujarat. The prison authorities are directed to adopt a pragmatic approach in similar cases.
Law Points
- Furlough
- Surety
- Ordinary Residence
- Reasonableness
- Alternative Modalities
- Prison Rules
Case Details
2010 LawText (BOM) (11) 71
Criminal Writ Petition No.576 of 2010
T.A. Mirza (Addl. Public Prosecutor for respondents)
Ramu Harishchandra Bawane
Deputy Inspector General of Prisons [East Region], Nagpur and The Superintendent, Central Prison, Nagpur
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Nature of Litigation
Criminal Writ Petition challenging condition imposed on furlough grant requiring surety to be ordinary resident of Maharashtra.
Remedy Sought
Petitioner sought relaxation of the condition that the surety must be an ordinary resident of Maharashtra.
Filing Reason
Petitioner, a convict domiciled in Gujarat, was granted furlough but asked to furnish a surety who is an ordinary resident of Maharashtra, which he found impossible to comply with.
Issues
Whether the condition requiring a surety to be an ordinary resident of Maharashtra is reasonable when the convict is domiciled in Gujarat.
Submissions/Arguments
Petitioner argued that being domiciled in Gujarat, it is difficult to find a surety in Maharashtra.
Respondents, through APP, were directed to suggest alternative modalities.
Ratio Decidendi
The condition requiring a surety to be an ordinary resident of the state where the prison is located is unreasonable when the convict is domiciled in another state. Alternative modalities, such as execution of bond before the jurisdictional Magistrate in the convict's home state, can be adopted to ensure compliance without causing undue hardship.
Judgment Excerpts
Petitioner is aggrieved by the order directing that the surety should be of a person who is an ordinary resident of Maharashtra.
We had directed learned APP to take instructions from Deputy Inspector General of Prisons and suggest the modalities which can be adopted in the case of present nature to avoid insistence of surety of the nature ordered.
Procedural History
The petitioner filed a criminal writ petition challenging the condition imposed by prison authorities on furlough grant. The court heard the matter and directed the APP to suggest alternative modalities. After considering the suggestions, the court allowed the petition.
