Manubai W/O Malkuji Yedme (In ... vs State Of Maharashtra, Thr. D.I.G. ...
2016 Latest Caselaw 6676 Bom

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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
                                  NAGPUR BENCH : NAGPUR.




                                                                                                          
                                        Criminal Writ Petition No.688 of 2016




                                                                               
                  Manubai w/o Malkuji Yedme,
                  Convict No.C-8028, Central Prison, 
                  Nagpur, Dist. Nagpur.                             .... Petitioner.




                                                                              
                                                             Versus

                  1]       State of Maharashtra




                                                              
                           through D.I.G. Prison (East), Nagpur.

                  2]
                                        
                           The Superintendent of Central Prison, 
                           Nagpur, Dist. Nagpur.                   .... Respondents.
                                       
                  Shri  A.Y. Sharma, Counsel for petitioner.
                  Shri  J.Y. Ghurde, Additional Public Prosecutor for respondents.
         


                                              Coram : B.P. Dharmadhikari  & 
      



                                                            Kum. Indira Jain, JJ.

Dated : 24 November, 2016 th .

O R AL J U D G M E N T [Per Kum. Indira Jain, J.]

Rule. Rule is made returnable forthwith. Heard finally

with the consent of learned Counsel for the parties.

2] The grievance made in this Writ Petition is as regards

the rejection of application of petitioner for grant of furlough.

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                3]       Petitioner   was   convicted   by   the   Sessions   Court, 

Chandrapur and sentenced to life imprisonment for the

offence punishable under Section 302 of the Indian Penal

Code vide judgment and order dated 24-02-2010. On 12-

04-2016 she moved an application for 28 days' furlough

leave. The same was rejected by respondent no.1 vide

order dated 05-07-2016 on the ground of late reporting in

the past.

4] Heard the learned Counsel for the parties. From the

order in question it can be seen that on one occasion

petitioner was granted furlough leave in 2011 and she

surrendered late by 25 days'. On two occasions when

parole leave was sanctioned in 2013 and 2015 she reported

late by 50 days' and 31 days' respectively. She was not

arrested and on her own she surrendered. It appears that

Competent Authority did not take any action on the late

reporting. Police report is in favour of petitioner. In this

premise we are inclined to intervene in extraordinary

jurisdiction and pass the following order :-

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                        a)        Writ Petition is partly allowed.

                        b)        Impugned   order   dated   05-07-2016  




                                                                                                          

passed by respondent no.1 is quashed

and set aside.

c) Petitioner be released on furlough leave

on her giving undertaking, personal bond

and the security within three weeks to the

satisfaction of respondent no.1.

                        d)        No order as to costs.
                                       
                                   JUDGE                                  JUD
                                                                             GE
                                                                                
         


     Deshmukh