Mumbai: The Bombay High Court has argued that it refused to give leave to be convicted only for the reason that the witnesses and he belonged to different religions, without material to back up the claims of the possibility of law and the situation, need to be postponed.
The High Court has set aside 2020 orders that reject leave for a convict, Salman Bagwan (24), and say that he has the right to be released on leave for the maximum period given based on the rules.
“Only the fact that the Petitioner (Bagwan) and witnesses belonging to different religions cannot be the basis of assuming that this will lead to the legal and order situation.
Such self unless supported by some material, need to be abandoned.
Therefore this reason is only The basis of the ordered order and it comes without any basis, the command impuits must be set aside, “said the High Court.
Bagwan was sentenced and sentenced to 10 years in prison by a session court in Shrirampur, Ahmednagar, in April 2018.
Together with several others, he was found guilty of injuring people from the rival group in 2016.
Bagwan was put forward in Jerwada Central Prison, Pune.
Tanswan Tanveener’s lawyer Khan filed a challenging petition on March 17 Deputy Inspector General of Prison who rejected the application for leave leave.
“The purpose of the leave is to allow the convict to maintain relationships with the community and give him the opportunity to reform himself.
If leave is rejected mechanically to the inmates who qualify for it, the purpose of the leave and reform will be otiose,” Khan said.
When Bagwan qualified for leave, he made the application to Deputy Inspector General Prison for leave according to the Prison Maharashra rules (Bombay Furlough and Pilole).
A report was submitted by the Division Police officer, Shrirampur, and his request was then rejected.
In August 2020, Director General of Police and Inspector General, prison, was too denied his request.
HC noted the only reason given in the order of rejection is that witnesses are certain religions and bagwan belong to other religions, therefore, there is a possibility of legal and order situations according to police reports.
The police report was delivered by Constable’s head, Shrirampur, to the sub-division police officer, reaffirming the statement.
HC said, “Apart from this statement alone is not in the note or in the file shown to us.” It directs relevant authorities to issue formal commands.