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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.942 of 2016
Rajesh Dina Sahare (In Jail)
Aged about 52 years,
R/o.-Paraswada, Tah. Tiroda, Distt. Gondia,
Convict No.C-9077, Central Prison, Nagpur. .... Petitioner.
Versus
1] Deputy Inspector General of Prison,
Central Prison, Nagpur.
2] Superintendent of Jail, Central Prison,
Nagpur. .... Respondents.
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Ms S.B. Khobragade, Advocate for petitioner.
Mrs. N.R. Tripathi, Addl.PP for respondents.
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Coram : B.P. Dharmadhikari &
V.M. Deshpande, JJ.
th Dated : 04 April, 2017.
ORAL JUDGMENT (Per B.P. Dharmadhikari, J.) Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the respondents. Perused reply. 2] Furlough has been rejected on the ground that earlier the petitioner has not reported on time and in 2009 when he was released ::: Uploaded on - 04/04/2017 ::: Downloaded on - 06/04/2017 01:07:00 ::: 2 04042017 wp 942.16.odt on furlough, Crime No.9 of 2009 under Sections 457 and 380 of the Indian Penal Code was registered against him. 3] Learned Advocate Ms Khobragade for the petitioner points out that, the petitioner has been acquitted therefrom. She further states that a chart produced with reply does not show any release on furlough in the year 2009.
4] The learned APP submits that the chart gives some instances of late reporting. As the offence was required to be pleaded separately that offence/period has not been included in the chart. 5] The respondents in reply-affidavit have given details of parole and furlough availed of by the petitioner. They have mentioned only four occasions and on all those occasions the petitioner has reported late but voluntarily. The duration of delay is between two days to 13 days. 6] The furlough, if any, in year 2009 or late reporting therefrom has not been mentioned. It, therefore, appears that the instances of parole and furlough when petitioner returned back on time are not mentioned in the chart. It also, therefore, appears that in 2009 when the alleged offence was committed the petitioner returned back on due date. ::: Uploaded on - 04/04/2017 ::: Downloaded on - 06/04/2017 01:07:00 :::
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7] In this situation, taking overall view of the matter it seems that
the instances of late reporting way back between 2005 to 2008 are now pressed into service after more than nine years. We, therefore, find the rejection of request made by the petitioner for furlough is unjustified. Accordingly, the order rejecting the furlough is quashed and set aside. The petitioner shall be released on furlough leave after obtaining the necessary bond and undertaking from his surety within two weeks from today.
8] Writ Petition is, thus, partly allowed and disposed of.
JUDGE JUDGE
Deshmukh
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