Deepak Sanjab Shinde (In Jail) vs The D.I.G. Prison (E) (R), Nagpur ...
2017 Latest Caselaw 8873 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                  CRIMINAL WRIT PETITION NO.771 OF 2017



  Deepak Sanjab Shinde,
  Aged about 37 years, r/o.
  Presently detained at Central
  Prison, Amravati, Distt.
  Amravati. (Convict No.C-3917).            ..........      PETITIONER



           // VERSUS //


  1. The D.I.G. Prison (E) (R),
      Nagpur, Tq. and Distt.
      Nagpur.
  2. The Superintendent of Prison,
      Central Prison, Amravati,
      District Amravati.                        ..........      RESPONDENTS




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  ____________________________________________________________
              Mr.A.A.Pannase, Advocate (appointed) for the Petitioner.
         Mrs.Nandita Tripathi, A.P.P. for the Respondents/State.
   ____________________________________________________________


                                     CORAM     :  R. K. DESHPANDE
                                                        AND
                                                        M.G.GIRATKAR, JJ.

DATED : 20th November, 2017.

ORAL JUDGMENT (Per R. K. Deshpande, J) :

1. Rule is made returnable forthwith. Heard finally by the

consent of the learned Counsel appearing for the parties.

2. The claim for release of the petitioner on furlough for a

period of 28 days has been rejected by the order dt.30.5.2017 passed

by the respondent no.1 - the Competent Authority. In para no.4 of

the reply filed by State, it is pointed out that the petitioner was

granted furlough leave on three occasions and parole leave on four

occasions. On every occasion, he reported late and once the offence

under Section 224 was also registered against the petitioner. It is the

stand taken that the application is rightly rejected as per the

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provisions of Rules 4(4), 4(6) and 4(10) of the Prisons (Bombay

Furlough and Parole) Rules, 1959.

3. We have considered the reply filed by the respondents.

We are of the opinion that the petitioner can be granted furlough

leave subject to certain conditions, although, on the earlier

occasions, he has reported late. We, therefore, set aside the order

dt.30.5.2017 passed by respondent no.1 and hold that the petitioner

is entitled to furlough leave for a period of 28 days on the conditions

which were imposed on the earlier occasions for release of the

petitioner on parole leave. In addition to it, the petitioner shall not

leave the Amravati District without prior intimation to the Police

Station at Talegaon. The petitioner shall also report to Police

Station, Talegaon on every Saturday at 11.00 a.m. Failure on the

part of the petitioner to report the Police Station on any date without

prior permission of the Police Station in-charge, shall result in

cancellation of the furlough leave.

The petition is, thus, allowed in the aforesaid terms.

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Fees of the learned Counsel for the petitioner is

quantified at Rs.1,500/-.

                    JUDGE                                              JUDGE
   

  [jaiswal]