Sayyed Vakil Sayyed Bashir (In ... vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 3382 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   NAGPUR BENCH, NAGPUR




                                                    
                   CRIMINAL WRIT PETITION NO.278 OF 2016




                                           
                             
          Sayyed Vakil Sayyed Bashir,
          Convict No.C-4772, 
          Central Prison, Amravati,
                            
          District Amravati.                 ..........     PETITIONER


                  // VERSUS //
      
   



          1. The D.I.G. Prison (E) (R ),
              Nagpur.
          2. The Superintendent,
               Central Prison, Amravati,





               Distt. Amravati.               ..........     RESPONDENTS


          -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
          Ms Mrinal Hiwase (Dharmadhikari), 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 by

consent.

2.

Being aggrieved by rejection of his application for

grant of furlough, the petitioner is before this Court.

3. The application of petitioner for grant of furlough was

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

the petitioner was released either on furlough or parole

leaves, he surrendered late.

4. It is to be noted that, on release on furlough or parole

leaves on the earlier occasions, though the petitioner has

surrendered late, he was not required to be arrested by

police for bringing him back to prison. In that view of the

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matter, we are inclined to allow the present 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.

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

to costs.

6.

Fees payable to the learned Counsel (appointed) for

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

                                   JUDGE                      JUDGE





           jaiswal