Atul S/O Dadarao Buradkar (In ... vs Deputy Inspector General Of ...
2016 Latest Caselaw 4382 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                
                               NAGPUR BENCH : NAGPUR




                                                        
                     CRIMINAL WRIT PETITION NO.419/2016
                                     ...




                                                       
    Atul Dadarao Buradkar,
    Aged about 26 years,
    Convict No.C-8762.
    (Central Prison, Nagpur).                          ..             PETITIONER




                                               
                              ig   .. Versus ..


    1. Deputy Inspector General of Prison
       Central Prison, Nagpur,
                            
    2. Superintendent of Jail,
       Central Prison, Nagpur.                         ..            RESPONDENTS
      
   



    Ms. S.B. Khobragade, Advocate 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.

    2.            The      petitioner      has    approached     this     Court        being





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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 when he was released

on parole but was required to be arrested and was brought back to

the prison after a period of 12 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

the prison only after a period of 12 days, we are inclined to allow

the writ petition. The petitioner is, directed to be released on

3 WP419-16.odt

furlough for a period of two weeks after following the procedure

prescribed in law. Rule is made absolute in the above terms.

(V.M. Deshpande, J. ) (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