Pramod Tryambak Nagrale (In Jail) vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 391 Bom

                                                             1                                             CWP.1012.15.odt

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                           
                                         NAGPUR BENCH, NAGPUR.

                        CRIMINAL WRIT PETITION NO. 1012 OF 2015.




                                                                             
     Pramod Tryambak Nagrale,
     Convict No. C-378,
     Open Prison Morshi,




                                                                            
     District Amravati.                                        ......                             PETITIONER.

                        ....Versus....




                                                          
     1]   The D.I.G. Prison (E) (R),
          District Nagpur,        
     2] The Superintendent,
        Open Prison, Morshi,
                                 
        District Amravati.                                   .....                            RESPONDENTS.


     Mrs. Y.N. Thengre/Kuthe, Advocate (appointed) for petitioner,
      


     Mrs. R.V. Kaliya, Additional Public Prosecutor for respondents.
   



                           CORAM :  B.R. GAVAI & A.S. CHANDURKAR, JJ.     

DATED : MARCH 7, 2016.

ORAL JUDGMENT (PER B.R. GAVAI, J.)

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

2] The petitioner has approached this Court being aggrieved by

the rejection of his application for furlough. The application is rejected

2 CWP.1012.15.odt

on two grounds, namely, (1) that on earlier occasions the petitioner had

surrendered belatedly and is in the habit of not reporting on time and (2)

that the surety suggested by him is not willing to execute the bond in his

favour.

3] In so far as the first ground is concerned, though the

petitioner has surrendered belatedly on various occasions, he was not

required to be arrested on single occasion. For late surrender, he must

have already been imposed the appropriate penalties. In that view of

the matter, the rejection on that ground is not tenable. In so far as the

second ground is concerned, the petitioner is undergoing sentence in

the Open Prison and as such in the light of the view taken by this Court,

he can also be released on the personal bond by providing cash surety.

4] The petition is, therefore, allowed. The petitioner is directed

to be released on furlough for a period of 14 days on his furnishing a

cash surety of Rs.5000/-. Rule is made absolute in the above terms.

Fees payable to the learned Counsel appointed for the

petitioner are quantified at Rs.1500/-.

                               JUDGE.                                                    J
                                                                                           UDGE.
     J.