The Bombay High Court passed a judgement on 6th of May, 2022 in which it retuned a criminal writ petition back to the court it was referred from. This was seen in the case of Sandeep S/O Suresh Gaikwad (Brother of Petitioner Sachin S/O Suresh Gaikwad) Vs the State of Maharashtra and Anr. (Criminal Writ Petition No. 3011 Of 2021) and the case was judged by a full bench comprising of The Honourable Mr. Justice S.S. Shinde, The Honourable Mr. Justice Prakash Deu Naik and The Honourable Mr. Justice N. J. Jamadar.
FACTS OF THE CASE:
The petitioner in this case was arrested on 7th April, 2014 and convicted for the offences punishable under Section 307 read with 34 of Indian Penal Code, Section 387 read with 34 of IPC, 506(II) read with 34 of IPC and Section 326 of IPC. The petitioner is further convicted for the offence under Section 3(1)(ii) of MCOC Act. He has been sentenced to suffer imprisonment and fine on each count.
The petitioner filed an application before the respondent for releasing him on furlough leave but the application was rejected on the ground that there is possibility of threat to life of witnesses. The order given was challenged before the other respondent by preferring Appeal and that was rejected on the ground of negative police report and possibility of absconding.
The petition was listed before the Division Bench of this Court at Aurangabad bench and the Bench referred the matter to the larger Bench on the following issue:
“Whether the circumstance that the prisoner is behind bars for offence punishable under provisions of MCOC Act can be considered against him, in view of the furlough rules and whether that can be treated as exception, like other specific offences mentioned in Rule 4.”
The petition was then transferred to the principal seat for constitution of a larger bench to decide the Reference and the Hon’ble the Chief Justice was pleased to constitute the larger Bench.
The court came to the opinion that there is no conflict in the decisions on the issue referred by the Division Bench of this Court, and, hence, the Reference is returned back to the Division Bench of the Court for deciding the petition in accordance with law.
Hence, the criminal writ petition is returned to the respective Court at Aurangabad Bench for deciding the petition in accordance with the law.
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JUDGEMENT REVIEWED BY TANAV ZACHARIAH.