Vasant Maluji Chichghare (In ... vs State Of Maharashtra, Thr. Deputy ...
2016 Latest Caselaw 4380 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                     CRIMINAL WRIT PETITION NO.406/2016
                                     ...




                                                  
    Vasant Maduji Chichghare,
    Convict No.C-7363
    Confined at Central Prison, Nagpur,
    Dist. Nagpur.                                 ..             PETITIONER




                                               
                              ig   .. Versus ..


    1. State of Maharashtra,
       through the Deputy Inspector
                            
       General of Prison, Nagpur,
       Eastern Region, Nagpur.

    2. Superintendent, Central Prison,
       Nagpur, Dist. Nagpur.
      


    3. Police Station Officer,
   



       Police Station, Hudkeshwar,
       Dist. Nagpur.                              ..            RESPONDENTS





    Ms. Sulbha B. Saikhede, Advocate (Appointed) for Petitioner.
    Mrs. N.R. Tripathi, APP for Respondents.

                                   .....





                  CORAM : B.R. Gavai & Mr. V.M. Deshpande, JJ.

DATED : August 02 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.

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    2.            The      petitioner   has   approached     this     Court        being




                                                                            

aggrieved by the rejection of his application for grant of furlough.

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

petitioner did not surrender on the due date but was required to be

arrested and was brought back to the prison after a period of 54

days.

4.

The Division Bench of this Court in the case of Sitaram

Rajaram Deokar Vs. Deputy Inspector General of Prison,

East Nagpur and another reported in 2014 ALL MR (Cri) 1309

has held that an arrest of the prisoner does not operate as an

absolute bar for his being entitled to be considered for release on

furlough in future. It has been held that the case has to be decided

on the facts and circumstances of each case.

5. We find that that in several cases even if the prisoner

could not report back for 100 days, 200 days or 300 days, they are

not arrested and in some cases merely on a lapse of couple of

days, they are arrested. In any case, we find that the petitioner

must have already been penalized for the late surrender.

6. In that view of the matter taking into consideration that

the petitioner was required to be arrested and was brought back to

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the prison only after a period of 54 days, 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.

7. The fees of the learned counsel appointed for the

petitioner are quantified at Rs.1500/-.

                                               
         (V.M. Deshpande, J. )
                              ig                       (B.R. Gavai, J.)
                                                ...
                            
    halwai/p.s.
      
   







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                                   Certificate




                                                                              

I certify that this judgment uploaded is a true and correct

copy of original signed Judgment.

Uploaded by : R.G. Halwai, Uploaded on : 3.8.2016