1 jg.cri.wp 627.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
Criminal Writ Petition No. 627 of 2017
A. Wasudeo A. Shankar Rao
Aged about 34 years,
R/o. 4L/96-1 Unit-18, Nimpura,
Golekhuli, P.S. Kharagpur, Distict
Midnapur (West Bengal).
(C/501, Morshi Open Prison, Morshi,
District Amravati) .... Petitioner
// Versus //
(1) Deputy Inspector General of
Prison (East Region), Nagpur.
(2) Superintendent of Jail, Open
Prison, Morshi, District Amravati. .... Respondents
Ms. S. B. Khobragade, Advocate for the petitioner
Mrs. N. R. Tripathi, 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/-
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2 jg.cri.wp 627.17.odt 9-5-2017 rejecting the application of the petitioner for grant of furlough leave.
3. The furlough leave of the petitioner is rejected on two grounds. According to the Deputy Inspector General of Prisons, on two earlier occasions when the petitioner was released on furlough leave, the petitioner had surrendered 59 days and 60 days after the due date. Also, the furlough leave is rejected by relying on Rule 4(11) of the Prison (Bombay Furlough and Parole) Rules which provides that the furlough leave may not be granted to the prisoner when appeal is pending against his conviction.
4. Ms. Khobragade, the learned counsel for the petitioner states that though on two earlier occasions, the petitioner had surrendered belatedly, this time, the petitioner undertakes to surrender on the due date. It is stated that Rule 4(11) has been challenged in several writ petitions and this Court has directed the respondents in those writ petitions to grant furlough leave to the petitioners therein.
5. In our view, an opportunity needs to be granted to the petitioner to surrender on due date on this occasion. It would necessary to consider whether the petitioner would mend his ways if an .....3/-
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3 jg.cri.wp 627.17.odt opportunity is granted to the petitioner this time. Also, as rightly
submitted by the petitioner, this Court has granted furlough leave to the prisoners where the rejection of the furlough leave application is based on Rule 4(11) of the Rules after the said rule is challenged in the said petitions. In the circumstances of the case, we are inclined to allow the writ petition.
6. The criminal writ petition is, therefore, allowed. The respondents are directed to release the petitioner on furlough leave within 7 days from the date on which the relative of the petitioner furnishes the surety, as is required by Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959. Order accordingly.
JUDGE JUDGE
wasnik
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