Sahebrao Tukaram Juware (In Jail) vs State Of Maharashtra, Through ...
2016 Latest Caselaw 3377 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   NAGPUR BENCH, NAGPUR




                                                    
                   CRIMINAL WRIT PETITION NO.232 OF 2016




                                           
                             
          Sahebrao Tukaram Juware,
          C-592, Confined at Central
          Prison, Nagpur.                    ..........     PETITIONER
                            
                  // VERSUS //
      


          1. State of Maharashtra,
   



              through Deputy Inspector General,
              Eastern Region, Nagpur.

          2. The Superintendent,





              Central Prison,
              Nagpur.                      ..........     RESPONDENTS


          -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-





             Ms S.B.Saikhede, Adv. (appointed) for the Petitioner.
                 Mr.M.K.Pathan, A.P.P. for the Respondents.
           -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-




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

                                         DATE         :  27.6.2016.
           




                                                            
          ORAL JUDGMENT (Per B.R.Gavai, J)     :




                                                           

1. Rule. Rule is made returnable forthwith. Heard finally

by consent.

2.

By way of present Criminal Writ Petition, the

petitioner has prayed for issuance of directions to

respondent no.1 to release him on furlough for 14 days.

The application of petitioner for grant of furlough leave was

rejected by the Competent Authority on the ground of

adverse Police report and since he was required to be

arrested by police and bring back to prison on three earlier

occasions when he was released either on Parole or

Furlough.

3. In view of decision of this Court in the case of

Murlidhar Ramchandra Bhalerao .vs. State of

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Maharashtra and another reported in 2011 ALL MR (Cri)

2132 and the decision of the Division Bench of this Court in

Writ Petition No.224 of 2013 (Ramdas Vishwanath

Marsinge .vs. The DIG Prisons (E)(R), Nagpur and another)

and Writ Petition No.222 of 2013 (Raju Dhananu

Kosekar .vs. The DIG Prisons (E)(R), Nagpur and another),

decided on 25th June, 2013, if the Convict is released on

furlough and he is required to be arrested for securing his

presence in the custody, he is not entitled to be released on

furlough.

4. In that view of the matter, no case is made out.

Hence, the Criminal Writ Petition is dismissed.

5. The fees of the learned Counsel (appointed) for the

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

                                   JUDGE                          JUDGE



           jaiswal