DILIP BALASO KHILARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Ms. Ayubi advocate appointed for the applicant, who has filed this application from the jail and Mr. Shinde, the learned APP for the State.

(2.) TO state in brief, the present applicant is undergoing life imprisonment in Kolhapur Central Jail since 19-8-1993. On his request, he was granted furlough leave for two weeks by the order dated 8-6-2001 and he was actually released on 9-6-2001. After a period of furlough beginning from 9-6-2001 to 22-6-2001, he was expected to surrender himself at the Kolhapur Central jail on 23-6-2001. However, on expiry of the furlough leave, he did not surrender. On 10-8-2001 he was found in Sangli and a police head constable from local crime branch arrested him and produced before the jail authorities on the same day. As he had overstayed for a period of 48 days, he was given notice to show cause as to why he should not be punished for the overstay. He submitted his explanation on 23-8-2001 stating that during the furlough period he had suffered from jaundice and he was required to take the long treatment and the Doctor had advised him complete rest. However, he could not inform the jail authorities about this. He also sought one month time to secure and produce medical certificate. He explained that he was in jail for a long period of 12 years and he had not committed any offence in jail. With this he requested to be dealt with leniency and he also requested that the security amount of Rs. 5,000.00 deposited by him at the time of release on furlough be refunded to him. After obtaining consent from the District and Sessions Judge, the Superintendent of jail rejected his prayer for leniency and directed to deduct 240 days from the remission already granted to him. The amount of Rs. 5,000.00 deposited by him was also directed to be forfeited. Being aggrieved by the same, the applicant has filed this application. Apparently the application appears to be under section 482 of the Cr.P.C.

(3.) AS per the report from the jail, till 31st October, 2006, the applicant was in jail as under trial prisoner for two years ten months and 21 days. Thereafter from the date of conviction he had actually undergone imprisonment for a period of 13 years 2 months and 12 days. Thus, he had been actually in jail for a period of 16 years, one month and 3 days upto 31st October, 2006. He had earned remission of 5 years and 7 days during the said period. Taking into consideration remission period, he had undergone sentence for 21 years, one month and 10 days till 31st October, 2006. The order passed by the Superintendent Central Prison does not reveal that prior to this incident, the applicant had violated any prison rules or conditions of furlough or parole. It appears that after having undergone actual sentence for about 16 years, this was first instance when he had overstayed for a period of 48 days for which he had given explanation. The fact remains that he had sought time to furnish medical certificate but possibly because he is in jail, he could not furnish it. Taking into consideration his earlier record, his explanation could not have been summarily rejected without giving any reason.