1 jg.cri.wp 524.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Writ Petition No. 524 of 2017
Arun S/o Laxman Hatwar
Aged about 55 years,
R/o. Old Bagadganj, Bhandara Road,
Near Hanuman Mandir, Nagpur
District Nagpur (P.S. Lakadganj, Nagpur)
(C/6307, Central Prison, Nagpur) .... Petitioner
// Versus //
(1) Deputy Inspector General of
Prison, Nagpur.(Eastern Region)
(2) Superintendent of Jail, Central
Prison, Nagpur. .... Respondents
Ms. S. B. Khobragade, Advocate for the petitioner
Shri P. S. Tembhare, Additional Public Prosecutor for the respondents
CORAM : SMT. VASANTI A NAIK AND
M. G. GIRATKAR, JJ.
DATE : 15-9-2017.
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.
2. By this criminal writ petition, the petitioner challenges the order of the Deputy Inspector General of Prisons, Nagpur dated 2-2-2017 rejecting the application of the petitioner for grant of furlough .....2/-
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2 jg.cri.wp 524.17.odt leave.
3. The furlough leave of the petitioner is rejected by recording two reasons. Firstly, according to the Deputy Inspector General of Prisons, when the petitioner was earlier released on furlough or parole leave, he had surrendered belatedly after 28 days, 6 days, 10 days, 6 days, 87 days and 2 days. Also, according to the respondents, the wife of the petitioner - Smt. Shobha Hatwar, who is ready to furnish surety for the petitioner would not be able to keep control over the petitioner. It is stated in the impugned order that offence is registered against the wife of the petitioner under Sections 448, 427, 452 read with Section 34 of the Penal Code.
4. In the circumstances of the case, we are inclined to grant an opportunity to the petitioner to mend his ways. When the petitioner was earlier released on furlough or parole leave, though he has surrendered belatedly, on the last occasion in the year 2015, he has surrendered only 2 days after the due date. Merely because an offence is pending against the wife of the petitioner, it cannot be said that the wife of the petitioner would not be able to keep control over the petitioner. Since the learned counsel for the petitioner states that on this occasion, the petitioner would surrender on the due date, it would be necessary to .....3/-
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3 jg.cri.wp 524.17.odt quash and set aside the impugned order and grant the prayer made by the petitioner.
5. Hence, for the reasons aforesaid, the criminal writ petition is allowed. The impugned order is quashed and set aside. The respondents are directed to release the petitioner on furlough leave within 7 days from the date on which the wife of the petitioner furnishes surety, as is required by the Rules. Order accordingly.
JUDGE JUDGE
wasnik
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