Bombay High Court
Hasan Khan Jabaz Khan Pathan (In ... vs Deputy Inspector General ... on 22 November, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.967 OF 2017
Hasan Khan Jabaz Khan,
Convict No.C/4233, Presently
at Central Prison, Amravati. .......... PETITIONER
// VERSUS //
1. Deputy Inspector General (Prison)
(East), Nagpur.
2. The Superintendent,
Central Prison,
Amravati. .......... RESPONDENTS
____________________________________________________________
Mr.Mir Nagman Ali, Advocate for the Petitioner.
Mrs.N.R.Tripathi. A.P.P. for the Respondents/State.
____________________________________________________________
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CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 22nd November, 2017.
ORAL JUDGMENT (Per M.G.Giratkar, J) :
1. By this petition, the petitioner has challenged the
impugned order dt.4.9.2017 issued by the respondent no.1.
2. The petitioner is a convict undergoing imprisonment for
life at Central Prison, Amravati. The petitioner became eligible for
grant of furlough leave and applied for it on 17.7.2017 to the
Competent Authority. The respondent no.1 rejected the said
application on the ground that the report of respondent no.2 is not
favourable. The petitioner surrendered late by 527 days, when he
was released on furlough on 4.7.2012 and an offence was registered
against him under Section 224 of the Indian Penal Code.
3. Heard Mr.Mir Nagman Ali, learned Counsel for the
petitioner and Mrs.N.R.Tripathi, learned A.P.P. for the respondents.
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4. Learned Counsel for the petitioner has pointed out
decision of this Court in Criminal Writ Petition Nos. 393 of 2017 and
394 of 2017. In Criminal Writ Petition No.394 of 2017, the petitioner
was absent for about 530 days. He was brought back to the prison.
Therefore, the furlough leave application was rejected. This Court
came to the conclusion that the petitioner therein was punished by
the Competent Authority by registering criminal case against him for
the offence punishable under Section 224 of the Indian Penal Code.
In view of the cited decision, the petitioner is also entitled for
furlough leave. At the same time, the petitioner shall mend his ways
and report to the concerned Police Station, Ner.
5. Another reason for rejecting the application for furlough
leave of the petitioner is that the appeal is pending against his
conviction. This Court in many other cases has taken a view that
filing appeal by a convict is a statutory right and therefore, on that
ground, furlough cannot be denied. Another ground in the order is
that surety cannot control the convict. The Competent Authority
may release on furnishing surety of nearest relative. Hence, we pass
the following order :
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/// ORDER ///
The petition is allowed.
The impugned order dt. 4.9.2017 is hereby
quashed and set aside.
The petitioner is directed to be released on
furlough leave of 21 days, upon furnishing two sureties of
nearest relatives, to the satisfaction of the respondent no.1.
The petitioner shall attend Police Station, Ner
twice in a week i.e. on Wednesday and Saturday between
11.00 A.M. to 12.00 Noon and shall not leave the place of
his residence without prior permission of the Police Station,
Ner.
He shall surrender to the prison on the due
date.
No order as to costs.
JUDGE JUDGE
[jaiswal]
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