Vijay Itwari Chavan, Convict No. ... vs Deputy Inspector General ...
2016 Latest Caselaw 3110 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                     NAGPUR BENCH, NAGPUR




                                                             
                     CRIMINAL WRIT PETITION NO.306 OF 2016




                                               
            Vijay Itwari Chavan,ig
            Convict No.C/4210,
            Presently at Central Prison,
            Amravati.                               ..........     PETITIONER
                              
                    // VERSUS //
      


            1. Deputy Inspector General (Prisons)
   



                (East), Nagpur.
            2. The Superintendent,
                Central Prison, Amravati.      ..........     RESPONDENTS





                -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                         Mr.Mir Nagman Ali, Adv. for the petitioner.
                  Mrs. N.R.Tripathi, A.P.P. for respondent nos. 1 and 2.
                 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-





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

                                             DATE         :  22.6.2016.





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    ORAL JUDGMENT (Per V.M.Deshpande, J)     :




                                                       

1. Rule. Rule made returnable forthwith. Heard finally

by the consent of the parties.

2. The application of the petitioner for grant of furlough

was rejected by the Authorities below on the ground that when

the petitioner was released on parole leave on 15.12.2014, at

that time, he was required to be brought back to the prison by

police after a period of 89 days and therefore, an offence under

Section 224 of the Indian Penal Code was also registered against

the petitioner.

3. The learned Counsel for the petitioner has invited our

attention to the Judgment delivered by the learned Magistrate in

Summary Criminal Case No.11384 of 2015, by which the

petitioner was prosecuted for the offence punishable under

Section 224 of the Indian Penal Code. He invites our attention to

paragraph no.11 of the Judgment. Perusal of the said Judgment

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shows that, during the period of leave, the petitioner was

suffering from Asthma, Blood Pressure and disease of chest and

therefore, he was taking necessary treatment from Medical

hospital, Nagpur. After the petitioner was arrested and when he

was taken to the hospital, there the doctor advised him for

admission. From the aforesaid, it is crystal clear that the

petitioner did not remain outside the prison after expiry of the

leave period on his own. However, due to the circumstances

mentioned above, he could not surrender. In that view of the

matter, the reasoning given by the Authorities cannot sustain in

the eye of law. Consequently, the Criminal Writ Petition is

allowed. The petitioner be released on furlough leave, as prayed

for, after observing the due process.

                                             JUDGE                       JUDGE



               * jaiswal