1 wp1043of2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
Criminal Writ Petition No.1043 of 2017
Petitioner :- Suraj s/o Sarju Sarate,
Convict No. C-4875, Central Prison,
Dist. Amravati.
V/s
Respondents :- 1. The State of Maharashtra through
D.I.G. Prison, (East) Nagpur.
2. The superintendent of Central Prison, Dist. Amravati.
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CORAM : R.K. DESHPANDE AND M.G. GIRATKAR, JJ DATED : 15/12/2017 Oral Judgment (Per R.K. Deshpande, J)
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. The application for grant of furlough leave for a period of 21 days is rejected by the respondents on the ground that on earlier occasion when the petitioner-prisoner was released on furlough leave on 15/6/2009, he reported late by 225 days. Undisputedly, thereafter on 21/1/2016, again furlough leave was granted to the petitioner, but he reported late and did ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 01:07:46 ::: 2 wp1043of2017.odt not report back on due date to the prison.
3. Report of the i/c Additional Commissioner of Police (Crimes) dated 23.1.2017 shows that the mother of the petitioner-prisoner is ready to stand surety for him and that there is no adverse entry against the petitioner when he was released on parole and furlough leave on two occasions in the past. In view of this, we feel that the petitioner can be released on furlough leave for a period of 21 days from the date of his release. Of course, the respondents-Authorities can impose suitable conditions so as to see that the petitioner reports back to the prison on due date.
4. In the result petition is allowed. The impugned order dated 28/08/2017 refusing grant of furlough leave to the petitioner-prisoner is hereby quashed and set aside. It is held that the petitioner is entitled for furlough leave for a period of 21 days from the date of his release upon such terms and conditions as the respondents-Authorities may deem fit and proper. The petitioner shall be released on furlough leave only after completing all the formalities.
Fees of learned counsel appointed for the petitioner-prisoner is quantified at Rs. 1500/-.
JUDGE JUDGE
nandurkar
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