Pravin Vasantrao Charjan (In ... vs Deputy Inspector General ...
2017 Latest Caselaw 4591 Bom

                                                  1                                                              wp369.17


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

                       CRIMINAL WRIT PETITION NO. 369 OF 2017

Pravin Vasantrao Charjan,
Convict No.C/4527, presently
at Central Prison, Amravati.                                            ... PETITIONER

                                                   VERSUS

1. Deputy Inspector General (Prisons)
     (East), Nagpur.

2. The Superintendent, Central
     Prison, Amravati.                                                  ... RESPONDENTS

                                     ....
Shri Mir Nagman Ali, Advocate for the petitioner.
Shri M.K. Pathan, Additional Public Prosecutor for the respondents.
                                     ....

                                                                     CORAM :  PRASANNA B. VARALE AND
                                                                                          M.G. GIRATKAR, JJ.

DATED : 17TH JULY, 2017.

ORAL JUDGMENT : (Per M.G. Giratkar, J.)

Rule. Rule made returnable forthwith. Heard finally with the

consent of the learned Counsel for the parties.

2. By way of present petition, the petitioner has challenged the

impugned order dated 05.04.2017 passed by respondent No.1 thereby

rejecting the application for furlough leave of the petitioner.

3. It is submitted that the petitioner, on becoming eligible for grant

of furlough, by application dated 21.02.2017, applied for grant of furlough

2 wp369.17

leave before the competent authority. However, the competent authority, by

its order dated 05.04.2017, rejected the furlough leave application. The

respondent/authorities rejected furlough leave of the petitioner on the

ground that the appeal is pending against the conviction before the High

Court of Bombay, Bench at Nagpur. It is submitted that some of the

prisoners whose appeals against conviction are pending before this Court

have been granted furlough by the Supreme Court. It is further submitted

that the appeals of the following persons namely Jitendra Nagrale, Santosh

Prakash Sonwane, Amol Gajanan Kawre, Sakharam Rathod, Ravindra

Shrikrushna Ingle, Amol Siddharth Dhoke, Ravindra Dhoke, Santosh

Dongdive, Amit Bhaskar were pending before this Court. They were granted

furlough leave. It is submitted that the petitioner is entitled for furlough

leave. The respondent/authorities wrongly rejected furlough leave

application, hence, prayed for allowing the petition.

4. The respondents have supported the impugned order by filing

reply. It is submitted that the petitioner filed an appeal against the judgment

of conviction dated 23.01.2014 and the same is pending. Therefore, furlough

leave application is rejected.

5. We have heard the learned Counsel for the petitioner and the

learned APP for the respondents. The application for furlough leave of the

petitioner is rejected only on the ground of pendency of the appeal filed by

the petitioner. As per the submission, all other convicts are also released on

furlough even though their appeals against conviction are pending.

3 wp369.17

6. In the result, the petition is allowed in terms of prayer clause (ii).

The respondents are directed to release the petitioner on furlough leave on

usual conditions.

Rule is made absolute in aforesaid terms with no order as to

costs.

                JUDGE                                                                  JUDGE 
      
*rrg.