1 CRIWP132.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 132 OF 2017
PETITIONER : Laxman S/o Pandurang Shinde (In Jail)
Aged 32 years, R/o Kondala Zambre,
Dist. Washim (C-4662, Central Prison, Amravati)
VERSUS
RESPONDENTS: 1] Deputy Inspector General of Prison,
Central Prison, Nagpur.
2] The Superintendent of Jail,
Central Prison, Amravati
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Ms. S. B. Khobragade, Advocate appointed for the petitioner.
Mrs. N. R. Tripathy, A.P.P. for respondent nos.1 and 2
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CORAM : PRASANNA B. VARALE and
MURLIDHAR G. GIRATKAR, JJ.
DATE : JUNE 09, 2017. ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally by consent.
2] The petitioner/Convict (C-4662), who is presently lodged in Central Prison, Amravati, is before this Court, challenging ::: Uploaded on - 12/06/2017 ::: Downloaded on - 13/06/2017 00:39:36 ::: 2 CRIWP132.17.odt the order passed by the respondent no.1, dated 07.12.2016, thereby rejecting application of the petitioner/convict for grant of furlough leave.
3] The petitioner has applied for the first time for grant of furlough leave on the ground of visiting his family members. On an enquiry for submitting police report, no adverse material was found against the petitioner. The father of the petitioner was ready to stand as surety for the petitioner and gave an undertaking that he would control the activities of the petitioner. In spite of there being no negative material against the petitioner, only on unsubstantiated apprehension that the petitioner is an accused of offence under Section 302, 201 of the Indian Penal Code and he may commit some serious offence, his application for grant of furlough leave was rejected.
4] The reply filed by the State is reiteration of some unsubstantiated apprehensions. It is interesting to note that in the reply, the authority has opposed the application of the petitioner on an apprehension that the petitioner may indulge in an act of ::: Uploaded on - 12/06/2017 ::: Downloaded on - 13/06/2017 00:39:36 ::: 3 CRIWP132.17.odt disturbing law and order in the village, whereas in the police enquiry report, no such apprehension is expressed by any of the persons, whose statements were recorded. Thus, we are of the opinion that the order ejecting application of the petitioner is clearly unsustainable as the same is passed on wholly unreasonable apprehension. The writ petition thus deserves to be allowed. 5] In the result, the criminal writ petition is allowed. Rule is made absolute in terms of prayer clause (i).
The fees of the learned counsel appointed for the petitioner is quantified at Rs.1,500/- (Rupees One thousand Five hundred only).
JUDGE JUDGE
Diwale
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