Nagpur :- Division bench of justice Nitin Sambre and Valmiki Menezes directed release of Arun Gulab Gawli for a period of 28 days.
Arun Gawli had approached high court through his Counsel Mir Nagman Ali as his application for grant of furlough was rejected by DIG PRISONS EAST Nagpur on the ground that there were many offences registered against Arun Gawli and his release may create law and order situation. It was further rejected on the ground that when he was released on earlier occasions, there was an offence registered against his wife and keeping in view the near elections in future in Bombay municipal Corporation, the release of Arun Gawli would affect the elections.
It was strenuously argued before the learned division bench that earlier whenever he was released on either parole or furlough, there was no law and order situation created and on every okay then he had surrendered on due date. It was further argued that as far as the ground of Office being registered against his wife and the nearest election situation is concerned, when honourable Bombay High Court had released him on either parole or furlough and earlier occasions, these issues were already considered. It was further submitted that merely on the basis of adverse police report before law cannot be rejected unless wne until there is some material to support the adverse police report.
Taking into consideration the earlier orders, granting either parole or furlough to Arun Gawli as well as the fact that he had never misused his liberty while he was released, either on parole or furlough, the honourable division bench was pleased to release Arun Gawli on furlough.
Adv Mir Nagman ali assisted by Adv Gulafshan Ansari appeared for Arun Gawli.
