Vitthal S/O. Lahuji Choudhari (In ... vs Deputy Inspector General Of ...
2017 Latest Caselaw 620 Bom

cwp.910.16.jud.doc                         1

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

              CRIMINAL WRIT PETITION NO.910 OF 2016

Vitthal s/o Lahuji Choudhari (In Jail),
Aged about 31 years,
R/o Chinchala (Parvati Nagar), M.I.D.C.,
Tahsil and District Chandrapur.
Convict No.C-9210, Central Prison, Nagpur.                          ..... Petitioner

         --- Versus --

1]       Deputy Inspector General of Prison,
         Central Prison, Nagpur.

2]       Superintendent of Jail,
         Central Prison, Nagpur.                               ..... Respondents

                --------------------
Ms. S.B. Khobragade, Advocate for the Petitioner.
Ms. N.P. Mehta, A.P.P. for the Respondents.
                -------------------

                 CORAM          :   B.R. GAVAI & KUM. INDIRA JAIN, JJ.

                 DATE           :   MARCH 8, 2017.


ORAL JUDGMENT :- (Per B.R. Gavai, J.)



                 Rule. Rule made returnable forthwith.                   Heard the

learned Counsel for the parties finally by consent.

02] The petitioner has approached this Court being

aggrieved by rejection of his application for grant of furlough.

The said application was rejected on the ground that the

applicant may commit similar type of offence in the ensuing

festivals like Ganesh Festival, Durga Festival and Sharda Festival.

03] It is to be noted that the ground, on which the

furlough has been rejected, is not in existence and now all the

festivals are over. It is also to be noted that for the first time, the

petitioner had applied for releasing him on furlough.

04] In that view of the matter, we find that the petition

deserves to be allowed. The petitioner is directed to be released

on furlough by following the procedure as prescribed by law.

                 (Kum. Indira Jain, J.)                   (B.R. Gavai, J)
*sdw