1 jg.cri.wp 803.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Writ Petition No. 803 of 2017
Gokul S/o Orilal Joshi
Convict No. C-6593,
Central Prison, Nagpur
Dist. Nagpur. .... Petitioner
// Versus //
(1) State of Maharashtra through
D.I.G. Prison,(East) Nagpur.
(2) The Superintendent of Central
Prison, Nagpur, Dist. Nagpur. .... Respondents
Shri A. Y. Sharma, Advocate for the petitioner
Ms. T. H. Khan, Additional Public Prosecutor for the respondents
CORAM : SMT. VASANTI A NAIK AND
M. G. GIRATKAR, JJ.
DATE : 4-9-2017.
ORAL JUDGMENT (Per : SMT. VASANTI A NAIK, J.) Rule. Rule made returnable forthwith. The criminal writ petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.
By this criminal writ petition, the petitioner challenges the order of the Deputy Inspector General of Prisons, Nagpur dated 24-7-2017 rejecting the application of the petitioner for grant of .....2/-
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2 jg.cri.wp 803.17.odt furlough leave.
Ms. Khan, the learned Additional Public Prosecutor appearing for the respondents states that the application of the petitioner was rightly rejected as in the year 2011, the petitioner did not surrender on due date and he was required to be brought to the prison 959 days after the expiry of the parole leave. It is stated that the petitioner has belatedly surrendered on a number of occasions and hence the furlough leave application of the petitioner was rejected. It is stated that the mother-in-law of the petitioner is ready to furnish surety but she would not be able to control the petitioner.
We do not find any propriety in either of the reasons recorded by the Deputy Inspector General of Prisons for rejecting the application of the petitioner for grant of furlough leave. Though the petitioner was required to be brought to the prison 959 days after the expiry of parole leave in the year 2011, thereafter the petitioner had improved and in the year 2016, he had surrendered belatedly, only one day after the expiry of the furlough leave. This time, the petitioner has undertaken to surrender on the due date. Since on the last occasion, the petitioner had belatedly surrendered, a day after expiry of the furlough leave, an opportunity needs to be granted to the petitioner to .....3/-
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3 jg.cri.wp 803.17.odt improve himself, more so, when the petitioner has already undergone the sentence of more than 10 years. It was not proper on the part of the Deputy Inspector General of Prisons to reject the application for furlough leave on the ground that the mother-in-law of the petitioner would not be able to control him. The said observation has no basis.
Hence, in the circumstances of the case, we allow the writ petition and quash and set aside the impugned order. The respondents are directed to release the petitioner on furlough leave within 7 days from the date on which the mother-in-law of the petitioner furnishes the surety as required by Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959. Order accordingly.
JUDGE JUDGE
wasnik
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