Kisan Bakshi Banewar (In Jail) vs Deputy Inspector General ...
2016 Latest Caselaw 1870 Bom

Citation : 2016 Latest Caselaw 1870 Bom
Judgement Date : 26 April, 2016

Bombay High Court

Kisan Bakshi Banewar (In Jail) vs Deputy Inspector General ... on 26 April, 2016

Bench: B.R. Gavai

                                           1               CWP201.16[J].odt         




                                                                           
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH : NAGPUR




                                                   
                  CRIMINAL WRIT PETITION NO.201 OF 2016




                                                  
    Kisan Bakshi Banewar
    Convict No.C/8046,
    Presently at Central Prison,
    Nagpur.                                       ..             PETITIONER




                                               
                                   .. Versus ..


    1]
                             
          Deputy Inspector General (Prisons) (East),
          Nagpur.
                            
    2]    The Superintendent,
          Central Prison, Nagpur.                 ..            RESPONDENTS
      


    Mr. Mir Nagman Ali, Advocate for the petitioner,
   



    Ms. R.V. Kaliya, APP for respondents.
                         .....





                  CORAM : B.R. Gavai & Mrs. Swapna Joshi, JJ.

DATED : April 26, 2016.

ORAL JUDGMENT (per B.R. Gavai, J. )

1] Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2] The petitioner has approached this Court being aggrieved

by the rejection of his application for grant of furlough.

                                    2                    CWP201.16[J].odt         


    3]            The application is rejected only on the ground that the

petitioner has surrendered belatedly when he was released on

furlough on 16.12.2010, 1.10.2012 and on parole on 26.1.2012.

However, it is to be noted that the petitioner has surrendered

himself and was not required to be arrested. Insofar as

surrendering belatedly is concerned, the petitioner must have

already been penalized for the late surrender.

4] In that view of the matter, we are inclined to allow the

writ petition. The petitioner is directed to be released on furlough

for a period of two weeks after following the procedure prescribed in

law. Rule is made absolute in the above terms.

(Mrs. Swapna Joshi, J. ) (B.R. Gavai, J.)

...