Laxman Indarsingh Rawat (In Jail) vs The State Of Maharashtra, Thr. ...
2016 Latest Caselaw 4009 Bom

                                           1                   WP424-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                               NAGPUR BENCH : NAGPUR




                                                   
                    CRIMINAL WRIT PETITION NO. 424/2016
                                    ...




                                                  
    Laxman Indarsingh Rawat,
    Morshi Open Jail,
    Convict No.C-262.                             ..             PETITIONER




                                               
                                   .. Versus ..
                             
    1. The State of Maharashtra,
       through Secretary, Home
       Department, Mantralaya,
                            
       Mumbai.

    2. Deputy Inspector General of
       Prison (E) ( R) , Nagpur.
      


    3. Superintendent of Jail,
       Open Prison, Morshi,
   



       District Amravati.                         ..            RESPONDENTS


    Ms. Sonali B. Khobragade, Advocate (Appointed) for Petitioner.





    Mr. T.A. Mirza, APP for Respondent Nos. 1 to 3.

                                   ...


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

DATED : July 20, 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 WP424-16.odt

2. The petitioner by way of present writ petition has prayed

that his extended furlough leave be counted as remission of

sentence.

3. The facts in the present case are identical with the facts

in Writ Petition No.739 of 2014 wherein this Court has considered

the amendment to Rule 16 of the Prisons (Bombay Furlough and

Parole) Rules, 1959 which came into effect from 23 rd April, 2012.

4.

In that view of the matter, the present writ petition is

also allowed. We hold that the petitioner would be entitled to the

benefits of the amended Rule even in the case of extended period

of furlough granted prior to 23 rd April, 2012. Rule is made absolute

in the aforesaid terms.

5. Fees payable to the learned counsel appointed for the

petitioner are quantified at Rs.1,500/-.

(V.M. Deshpande, J. ) (B.R. Gavai, J.)

...

                                            3                      WP424-16.odt         


                                   Certificate




                                                                              

I certify that this judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : R.G. Halwai, Uploaded on : 21.07.2016 Private Secretary