1 jg.cri.wp333.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No. 333 of 2017
Shri Shubhash S/o Laxman Pandhare
(In Jail), Convict No. C-7504,
Central Prison, Nagpur. ... Petitioner
// Versus //
1. State of Maharashtra through,
Deputy Inspector General of Prison,
Nagpur.
2. Superintendent, Central Prison,
Nagpur. ... Respondents
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Shri N. P. Meshram, Advocate for the petitioner
Shri M. K. Pathan, A.P.P. for the respondents
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CORAM : P. B. VARALE and
M. G. GIRATKAR, JJ.
DATE : 05/07/2017.
JUDGMENT (Per : M.G. Giratkar,J.)
Heard Shri Meshram, learned counsel for the petitioner and Shri Pathan, learned Additional Public Prosecutor for the State/respondents.
2. Rule. Rule made returnable forthwith.
3. The petitioner has challenged the impugned order passed by the respondent no. 1 dated 13-10-2016 by which furlough leave ::: Uploaded on - 06/07/2017 ::: Downloaded on - 07/07/2017 00:56:27 ::: 2 jg.cri.wp333.17.odt application dated 13-4-2016 came to be rejected. It is submitted that whenever the petitioner was released on furlough or parole leave, he did not breach the peace and tranquility in the society. The petitioner was released on furlough leave on 14-1-2010 but he was surrendered late by only 2 days. On 8-10-2011, he was released on furlough leave but he was brought in the prison after 4 days. On last occasion i.e. on 5-9-2015, when the petitioner was released on furlough leave, he was surrendered on due date. At last, it is submitted that the petitioner is ready to abide by all the terms and conditions, therefore, it is prayed to quash and set aside the impugned order and direct the respondent no. 1 to release him on furlough leave.
4. The petition is opposed by the respondents. It is submitted that police verification report of petitioner is adverse. When he was released on furlough/parole leave, not surrendered on due date. It is submitted that there was every possibility of disturbing peace and tranquility in the society. At last, it is submitted that the petition is devoid of merit and liable to be dismissed.
5. Shri Meshram, learned counsel for the petitioner submitted that this Court has given direction to the respondents in an identical matters to release the petitioner on furlough leave. On the last ::: Uploaded on - 06/07/2017 ::: Downloaded on - 07/07/2017 00:56:27 ::: 3 jg.cri.wp333.17.odt occasion, the petitioner reported on due date and, therefore, he be released on furlough leave.
6. Perused the impugned order. Impugned order came to be passed due to late surrender of the petitioner. In the identical matter, this Court directed the respondent to release the prisoner on furlough leave. On the last occasion, the petitioner surrendered on due date. Looking to the submissions, the petitioner is entitled for furlough leave. Hence, we allow the petition and direct the respondents to consider the application of petitioner and grant him furlough leave on usual conditions.
JUDGE JUDGE
wasnik
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