Shekhar @ Husnaya S/O Bhimrao ... vs The Director General Of Prison And ...
2016 Latest Caselaw 3519 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                                   NAGPUR BENCH, NAGPUR




                                                  
                   CRIMINAL WRIT PETITION NO.194 OF 2016




                                           
                             
          Shekhar @ Husnaya s/o. Bhimrao
          Meshram, Convict No.C-8152,
          Presently detained in Central
                            
          Prison, Nagpur.               ..........     PETITIONER


                  // VERSUS //
      
   



          1. The Director General of Prison and
              I.G. Prison Maharashtra State,
              Pune, Distt. Pune.
          2. The D.I.G. Prison (E)(R),





              Nagpur, Tah. and Distt. Nagpur.
          3. The Superintendent,
              Central Prison, Nagpur.
              Tq. and Distt. Nagpur.          ..........     RESPONDENTS





          -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
              Mr.N.R.Mankar, Adv. (appointed) for the Petitioner.
                Mrs.Hiwase, A.P.P. for Respondent Nos.1 to 3.
           -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-




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

                                         DATE         :  30.6.2016.




                                                            
          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 that, on

the earlier occasion when the petitioner was released on

furlough, he deliberately did not surrender on the due date

and he was required to be arrested by police after a period

of 402 days.

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