Premila Bhauji Gongle (In Jail) vs Deputy Inspector Of General Of ...
2017 Latest Caselaw 3387 Bom

                                                   1                                      jg.cri.w.p.300.17.odt


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

                    CRIMINAL WRIT PETITION NO. 300 OF 2017

Premila Bhauji Gongle 
Aged about 48 years, 
R/o. Nimradtola, Post. Amgaon (Mahal), 
Tah. Chamorshi, District Gadchiroli. 
(C/8828 Central Prison, Nagpur)                                                               ... Petitioner

             VERSUS

(1) Deputy Inspector General of Prison, 
      Central Prison, Nagpur. 

(2) Superintendent of Jail,
      Central Prison, Nagpur.                                                              ... Respondents
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Ms. S. B. Khobragade, Advocate for the petitioner
Mrs. N. R. Tripathi, APP for the State/respondents
-----------------------------------------------------------------------------------------------------------------------

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

                                                   DATE    :  20/06/2017.

Oral Judgment                 (Per : M.G. Giratkar, J)

Heard Ms. Khobragade, learned counsel for the petitioner

and Mrs. Tripathi, learned Additional Public Prosecutor for the

State/respondents.

2. Rule. Rule made returnable forthwith.

3. Present writ petition has challenged the order of respondent

2 jg.cri.w.p.300.17.odt

no. 1 - Deputy Inspector General of Prison, Central Prison, Nagpur by

which he has rejected furlough leave application for 21 days on the

ground that appeal is pending against the conviction.

4. Ms. Khobragade, learned counsel for the petitioner has

pointed out us report of S.D.P.O., Gadchiroli which shows that they

have no any objection to release the convict on furlough leave.

Respondent authorities without considering the report of S.D.P.O.,

Gadchiroli rejected the application of the petitioner only on the ground

that appeal is pending against the judgment of conviction. Learned

counsel for the petitioner pointed out us the common judgment of this

Court in Criminal Writ Petition Nos. 196/2017 and 97/2017 decided on

April 26, 2017 in which Division Bench of this Court observed as under :

"3. The learned Senior Advocate has no objection provided the request of the petitioner for grant of furlough in Criminal Writ Petition No. 97 of 2017 is considered. He also adds that from the response of the respondents, it appears that they have accepted the inconsistency or arbitrariness in the provision which denies furlough to the prisoners whose appeal challenging conviction is pending and bail application is rejected by the High Court."

5. Above cited judgment of this Court clearly shows that

pendency of appeal challenging the conviction cannot be a ground to

reject the application for furlough. In view of the cited decision, the

3 jg.cri.w.p.300.17.odt

petitioner is entitled for furlough leave as prayed for. Hence, writ

petition is allowed in terms of prayer clause (i).

                        JUDGE                                        JUDGE



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