Shri. Ramu Mangaru Dhande vs Dy. Inspector General Or Prisons, ...
2017 Latest Caselaw 9866 Bom

                                                 1              criwp870.17.odt

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

                   CRIMINAL WRIT PETITION NO. 870 OF 2017


            Shri Ramu Mangaru Dhande,
            Convict No. C-7678, aged about 
            56 years, lodged in Gadchiroli
            Open Prison, R/o. Muj. Khairlanji,
            Tq. Mohadi, District Bhandara........                            PETITIONER

                                 ...VERSUS...

 1]         The Dy.Inspector General of Prisons 
            East Nagpur Division, Wardha Road, 
            Nagpur

 2]         Superintendent, Gadchiroli Open Prison, 

 3]         Superintendent of Police,
            Tumsar                                ......                 RESPONDENTS

 -------------------------------------------------------------------------------------------
 Shri R.R.Chhabra, Advocate for the petitioner.
 Shri M.K.Pathan, APP for respondents 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 petition is for seeking furlough leave for a

period of 14 days in terms of Rule 3 of the Prisons (Bombay

2 criwp870.17.odt

Furlough & Parole) Rules, 1959.

3] The application for furlough leave is rejected on

the ground that on earlier 7 occasions, the petitioner reported

late in the prison. However, it is not in dispute that the

petitioner was not required to be arrested, nor any offence

was registered against the petitioner. The authorities can

impose the suitable conditions upon the petitioner while

releasing him on furlough leave including that he visits the jail

authorities once in a week.

4] In the result, writ petition is allowed. It is held

that the petitioner is entitled to be released on furlough leave

for a period of 14 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. The competent

authority is directed to take action within a period of 15 days

from today.

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

costs.

The fees of the learned counsel appointed for

3 criwp870.17.odt

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

Thousand Five Hundred only).

                                JUDGE                     JUDGE

 Rvjalit