1 criwp870.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 870 OF 2017
Shri Ramu Mangaru Dhande,
Convict No. C-7678, aged about
56 years, lodged in Gadchiroli
Open Prison, R/o. Muj. Khairlanji,
Tq. Mohadi, District Bhandara........ PETITIONER
...VERSUS...
1] The Dy.Inspector General of Prisons
East Nagpur Division, Wardha Road,
Nagpur
2] Superintendent, Gadchiroli Open Prison,
3] Superintendent of Police,
Tumsar ...... RESPONDENTS
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Shri R.R.Chhabra, Advocate for the petitioner.
Shri M.K.Pathan, APP for respondents 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 petition is for seeking furlough leave for a period of 14 days in terms of Rule 3 of the Prisons (Bombay ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:20 ::: 2 criwp870.17.odt Furlough & Parole) Rules, 1959.
3] The application for furlough leave is rejected on the ground that on earlier 7 occasions, the petitioner reported late in the prison. However, it is not in dispute that the petitioner was not required to be arrested, nor any offence was registered against the petitioner. The authorities can impose the suitable conditions upon the petitioner while releasing him on furlough leave including that he visits the jail authorities once in a week.
4] In the result, writ petition is allowed. It is held that the petitioner is entitled to be released on furlough leave for a period of 14 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. The competent authority is directed to take action within a period of 15 days from today.
Rule is made absolute in above terms. No order as to costs.
The fees of the learned counsel appointed for ::: Uploaded on - 21/12/2017 ::: Downloaded on - 23/12/2017 02:16:20 ::: 3 criwp870.17.odt the petitioner is quantified at Rs.1,500/-. (Rupees One Thousand Five Hundred only).
JUDGE JUDGE
Rvjalit
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