Mohd Yakub Abdul Majid Nagul (In ... vs Deputy Inspector General ...
2016 Latest Caselaw 259 Bom

       cwp7.16                                                                               1
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH




                                                                                     
                     CRIMINAL WRIT PETITION NO.  7  OF  2016




                                                             
      Mohd. Yakub Abdul Majid Nagul,
      Convict No. C/8774, presently at
      Central Prison, Nagpur.                          ...   PETITIONER




                                                            
                                   Versus

      1. Deputy Inspector General




                                              
         (Prisons)(East), Nagpur.

      2. The Superintendent, 
         Central Prison, Nagpur.                               ...   RESPONDENTS
                            
      Shri Mir Nagman Ali, Advocate for the petitioner.
      Shri V.A. Thakare, APP for the respondents.
                         .....
      


                                        CORAM :       B.P. DHARMADHIKARI &
                                                      V.M. DESHPANDE, JJ.

MARCH 02, 2016.

ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)

Rule. Rule is made returnable and heard finally with

the consent of Shri Mir Nagman Ali, learned counsel for the

petitioner and Shri Thakare, learned Additional Public Prosecutor

for the respondents.

2. The present petition is required to be filed by the

petitioner, who is in jail, because his application for furlough leave

is rejected by the authorities below.

3. The learned counsel for the petitioner has relied upon

the various decisions of this Court including the decision in

Criminal Writ Petition No. 517 of 2014 decided on 25.08.2014, to

which both of us are party. The prayer for furlough leave is

rejected on the ground that the petitioner is convicted in Bombay

Blast Case. The learned counsel for the petitioner submits that

earlier when the petitioner was released on death parole, he

surrendered late, however, on his own and he was not required to

be brought back to prison by the police.

4. The contentions sought to be raised by the learned APP

already stands answered in Criminal Writ Petition No. 517 of 2014

and also in Criminal Writ Petition No. 213 of 2009 decided at

Aurangabad Bench on 02.04.2009.

5. In view of the aforesaid, we see no impediment in

granting the prayer of the petitioner. Accordingly, the Authorities

are directed to release the petitioner on furlough leave after getting

it satisfied that the petitioner has observed all the required

procedure.

6. The petitioner is directed to report Police Station at

Wakola, Mumbai, twice a week i.e. on every Tuesday and Saturday

between 3.00 and 5.00 PM. The petitioner is further directed to

surrender before the Jail Authority after the expiry of furlough

period on due date.

7. Writ Petition is allowed. Rule is made absolute

accordingly. No order as to costs.

                                            
               JUDGE
                              ig                                             JUDGE

                                                    ******
                            
      *GS.