Sambhu Ramchandra Uikey (In Jail) vs The D.I.G. Prison (E) (R), Nagpur ...
2016 Latest Caselaw 3017 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR
                       Criminal Writ Petition No. 40 of 2016




                                          
     Shambhu Ramchandra Uikey,ig
     Convict No. C-5519,
     presently detained in
     Central Prison, Nagpur.                          .....       Petitioner.
                            
                                          Versus
      

     1.      The D.I. G. Prison (E) (R),
             Nagpur,
   



             Tq. & Distt. Nagpur.

     2.      The Superintendent,
             Central Prison,
             Nagpur,





             Tq. & Distt. Nagpur.

     3.      The Superintendent of Police
             [Rural],
             Nagpur,





             Tq. & Distt. Nagpur.                   ....      Respondents.


                                  *****
     Mr. Nagsen R. Mankar, Adv. [appointed], for the Petitioner.

     Mr. M. J. Khan, Addl. Public Prosecutor for the respondents.

                                           *****




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                                   CORAM     :    B. R. GAVAI AND
                                                  V.M. DESHPANDE, JJ.

Date : 20th June, 2016

ORAL JUDGMENT [Per B. R. Gavai, J.]:

01. Rule. Rule is made returnable forthwith. Learned Additional

Public Prosecutor, Mr. M.J. Khan, waives service on behalf of the

respondents. Heard learned counsel for the rival parties. By consent of

rival parties, this Criminal Writ Petition is taken up for final hearing and

is disposed of by this Judgment and Order.

02. The petitioner is aggrieved by rejection of his application for

grant of furlough and he is, thus, before this Court.

03. The application of the petitioner for grant of furlough is

rejected on the ground that on earlier ten occasions, when the

petitioner was released on furlough and parole leaves, he was late in

returning back to jail for one reason or the other.

04. It is to be noted that, in any case, the petitioner was not

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required to be arrested by police for bringing him back to the prison

when he was released on furlough and parole earlier. In that view of

the matter, we are inclined to allow the petition. Hence, the Criminal

Writ Petition is allowed. The petitioner is directed to be released on

furlough for a period of two weeks after following the due procedure.

05.

costs.

Rule is made absolute in the above terms. No order as to

06. Fees payable to the learned Adv. [appointed] for the

petitioner are quantified at Rs.1500/- [rupees one thousand five

hundred only].

               Judge                                                 Judge
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