1 criwp574.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 574 OF 2017
Gajanan Nimbaji Parekar,
aged about 52 years,
R/o. Presently detained at
Central Prison, Amravati,
Tah. And Distt. Amravati.
Convict No. C-4134........ PETITIONER
...VERSUS...
1] The D.I.G. Prison (E)(R)
Nagpur
2] The Superintendent of Prison,
Central Prison, Amravati,
Tah. And Distt. Amravati ...... RESPONDENTS
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Shri A.A.Pannase, Advocate for the petitioner.
Shri V.P.Gangane, APP for respondent State
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 20 DECEMBER, 2017 .
JUDGMENT (P.C.)
Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2] The challenge is to the order dated 01.02.2017 passed by the respondent No.1 refusing to grant furlough ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:18 ::: 2 criwp574.17.odt leave to the petitioner for a period of 28 days. The reason as is apparent from the reply filed by the respondents is that on earlier 3 occasions, the petitioner surrendered himself late by 3 days on one occasion, 64 days on second occasion and 36 days on third occasion.
3] It is not in dispute that subsequent thereto this Court had passed an order on 5th August, 2015 in Criminal Writ Petition No. 494 of 2015 granting the petitioner furlough leave for a period of 14 days. The petitioner could not avail the said leave for the reason that the petition could not furnish the cash surety.
4] The learned counsel for the petitioner submits that the petitioner shall abide by all such terms and conditions which may be imposed by the competent authority. Obviously, if such terms and conditions are not complied with, the authorities are at liberty to refuse to release the petitioner on furlough leave. 5] In view of above, writ petition is allowed. The order dated 01.02.2017 passed by the respondent No.1 is ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:18 ::: 3 criwp574.17.odt hereby quashed and set aside. It is held that the petitioner is entitled to be released on furlough leave for a period of 28 days upon such terms and conditions as the authorities deem fit to impose on the petitioner to surrender on due date including imposing the condition to report the jail authorities once in a week.
Rule is made absolute in above terms. No order as to costs.
The fees of the learned counsel appointed for the petitioner is quantified at Rs.1,500/-. (Rupees One Thousand Five Hundred only).
JUDGE JUDGE
Rvjalit
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