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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.967 OF 2017
Hasan Khan Jabaz Khan,
Convict No.C/4233, Presently
at Central Prison, Amravati. .......... PETITIONER
// VERSUS //
1. Deputy Inspector General (Prison)
(East), Nagpur.
2. The Superintendent,
Central Prison,
Amravati. .......... RESPONDENTS
____________________________________________________________
Mr.Mir Nagman Ali, Advocate for the Petitioner.
Mrs.N.R.Tripathi. A.P.P. for the Respondents/State.
____________________________________________________________
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CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 22nd November, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. By this petition, the petitioner has challenged the impugned order dt.4.9.2017 issued by the respondent no.1.
2. The petitioner is a convict undergoing imprisonment for life at Central Prison, Amravati. The petitioner became eligible for grant of furlough leave and applied for it on 17.7.2017 to the Competent Authority. The respondent no.1 rejected the said application on the ground that the report of respondent no.2 is not favourable. The petitioner surrendered late by 527 days, when he was released on furlough on 4.7.2012 and an offence was registered against him under Section 224 of the Indian Penal Code.
3. Heard Mr.Mir Nagman Ali, learned Counsel for the petitioner and Mrs.N.R.Tripathi, learned A.P.P. for the respondents. ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:32:00 :::
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4. Learned Counsel for the petitioner has pointed out decision of this Court in Criminal Writ Petition Nos. 393 of 2017 and 394 of 2017. In Criminal Writ Petition No.394 of 2017, the petitioner was absent for about 530 days. He was brought back to the prison. Therefore, the furlough leave application was rejected. This Court came to the conclusion that the petitioner therein was punished by the Competent Authority by registering criminal case against him for the offence punishable under Section 224 of the Indian Penal Code. In view of the cited decision, the petitioner is also entitled for furlough leave. At the same time, the petitioner shall mend his ways and report to the concerned Police Station, Ner.
5. Another reason for rejecting the application for furlough leave of the petitioner is that the appeal is pending against his conviction. This Court in many other cases has taken a view that filing appeal by a convict is a statutory right and therefore, on that ground, furlough cannot be denied. Another ground in the order is that surety cannot control the convict. The Competent Authority may release on furnishing surety of nearest relative. Hence, we pass the following order :
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/// ORDER ///
The petition is allowed.
The impugned order dt. 4.9.2017 is hereby quashed and set aside.
The petitioner is directed to be released on furlough leave of 21 days, upon furnishing two sureties of nearest relatives, to the satisfaction of the respondent no.1.
The petitioner shall attend Police Station, Ner twice in a week i.e. on Wednesday and Saturday between 11.00 A.M. to 12.00 Noon and shall not leave the place of his residence without prior permission of the Police Station, Ner.
He shall surrender to the prison on the due date.
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:32:00 ::: 5 wp967.17.odt ::: Uploaded on - 24/11/2017 ::: Downloaded on - 25/11/2017 01:32:00 :::