Gajanan Nimbaji Parekar (In Jail) vs The D.I.G. Prison (E) (R), Nagpur ...
2017 Latest Caselaw 9863 Bom

                                                 1              criwp574.17.odt

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR

                   CRIMINAL WRIT PETITION NO. 574 OF 2017


            Gajanan Nimbaji Parekar,
            aged about 52 years, 
            R/o. Presently detained at 
            Central Prison, Amravati, 
            Tah. And Distt. Amravati.
            Convict No. C-4134........                                       PETITIONER

                                 ...VERSUS...

 1]         The D.I.G. Prison (E)(R)
            Nagpur

 2]         The Superintendent of Prison,
            Central Prison, Amravati,
            Tah. And Distt. Amravati      ......                         RESPONDENTS

 -------------------------------------------------------------------------------------------
 Shri A.A.Pannase, Advocate for the petitioner.
 Shri V.P.Gangane, APP for respondent State
 -------------------------------------------------------------------------------------------
                           CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.
                                          th
                           Date      : 20     DECEMBER, 2017 .

 JUDGMENT (P.C.)

Rule made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2] The challenge is to the order dated 01.02.2017

passed by the respondent No.1 refusing to grant furlough

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leave to the petitioner for a period of 28 days. The reason as

is apparent from the reply filed by the respondents is that on

earlier 3 occasions, the petitioner surrendered himself late by

3 days on one occasion, 64 days on second occasion and

36 days on third occasion.

3] It is not in dispute that subsequent thereto this

Court had passed an order on 5th August, 2015 in Criminal

Writ Petition No. 494 of 2015 granting the petitioner furlough

leave for a period of 14 days. The petitioner could not avail

the said leave for the reason that the petition could not

furnish the cash surety.

4] The learned counsel for the petitioner submits

that the petitioner shall abide by all such terms and

conditions which may be imposed by the competent

authority. Obviously, if such terms and conditions are not

complied with, the authorities are at liberty to refuse to

release the petitioner on furlough leave.

5] In view of above, writ petition is allowed. The

order dated 01.02.2017 passed by the respondent No.1 is

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hereby quashed and set aside. It is held that the petitioner is

entitled to be released on furlough leave for a period of 28

days upon such terms and conditions as the authorities deem

fit to impose on the petitioner to surrender on due date

including imposing the condition to report the jail authorities

once in a week.

Rule is made absolute in above terms. No order as to

costs.

The fees of the learned counsel appointed for

the petitioner is quantified at Rs.1,500/-. (Rupees One

Thousand Five Hundred only).

                                JUDGE                         JUDGE

 Rvjalit