Rajesh Rajkumar Barve (In Jail) vs The D.I.G. Prison (E) (R) Nagpur ...
2017 Latest Caselaw 102 Bom

 CWP12.17.odt                                 1

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

                 CRIMINAL WRIT PETITION NO.12 OF 2017

 Rajesh Rajkumar Barve,
 Aged about 30 years,
 R/o. Presently detained at
 Central Prison, Nagpur
 Tahsil and District-Nagpur,
 Convict No.C-7740.                                ..             PETITIONER

                               .. Versus ..

 1]     The D.I.G. Prison (E) (R ),
        Nagpur, Tah. & Dist. Nagpur.

 2]     The Superintendent of Prison,
        Central Prison, Nagpur,
        Tah. & Dist. Nagpur.                       ..             RESPONDENTS

                               ..........
 Shri A.A. Pannase, Advocate [Appointed] for the petitioner,
 Smt. N.R. Tripathi, APP for the respondents.
                     ..........
                               CORAM : B.R. GAVAI AND
                                       KUM. INDIRA JAIN, JJ.

DATED : FEBRUARY 27, 2017.

ORAL JUDGMENT : (Per : B.R. GAVAI, J.)

Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2] The petitioner has approached this Court being

aggrieved by the rejection of his application for grant of

furlough.

3] The application is rejected only on the ground that

the petitioner has surrendered belatedly when he was released

on parole on 27.2.2015. However, it is to be noted that the

petitioner has surrendered himself and was not required to be

arrested. Insofar as surrendering belatedly is concerned, the

petitioner must have already been penalized for the late

surrender.

4] In that view of the matter, we are inclined to allow the

writ petition. The petitioner is directed to be released on

furlough for a period of two weeks after following the procedure

prescribed in law. Rule is made absolute in the above terms.

Fees of the learned counsel appointed on behalf of the

petitioner are quantified at Rs.1,500/-.

(Kum. Indira Jain, J.) (B.R. Gavai, J.) Gulande