A. Wasudeo A. Shankar Rao (In Jail) vs Deputy Inspector General Of ...
2017 Latest Caselaw 7228 Bom

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

                    Criminal Writ Petition No. 627 of 2017

A. Wasudeo A. Shankar Rao 
Aged about 34 years, 
R/o. 4L/96-1 Unit-18, Nimpura, 
Golekhuli, P.S. Kharagpur, Distict 
Midnapur (West Bengal). 
(C/501, Morshi Open Prison, Morshi, 
District Amravati)                                                           .... Petitioner

      //  Versus //

(1) Deputy Inspector General of
      Prison (East Region), Nagpur. 

(2) Superintendent of Jail, Open
      Prison, Morshi, District Amravati.                                 .... Respondents

Ms. S. B. Khobragade, Advocate for the petitioner
Mrs. N. R. Tripathi, Additional Public Prosecutor for the respondents       
                                                         
                                    CORAM      : SMT. VASANTI  A  NAIK AND
                                                 M. G. GIRATKAR, JJ.

DATE : 15-9-2017.

ORAL JUDGMENT (Per : SMT. VASANTI A NAIK, J.)

Rule. Rule made returnable forthwith. The criminal writ

petition is heard finally at the stage of admission with the consent of the

learned counsel for the parties.

2. By this criminal writ petition, the petitioner challenges the

order of the Deputy Inspector General of Prisons, Nagpur dated

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9-5-2017 rejecting the application of the petitioner for grant of furlough

leave.

3. The furlough leave of the petitioner is rejected on two

grounds. According to the Deputy Inspector General of Prisons, on two

earlier occasions when the petitioner was released on furlough leave, the

petitioner had surrendered 59 days and 60 days after the due date.

Also, the furlough leave is rejected by relying on Rule 4(11) of the

Prison (Bombay Furlough and Parole) Rules which provides that the

furlough leave may not be granted to the prisoner when appeal is

pending against his conviction.

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

that though on two earlier occasions, the petitioner had surrendered

belatedly, this time, the petitioner undertakes to surrender on the due

date. It is stated that Rule 4(11) has been challenged in several writ

petitions and this Court has directed the respondents in those writ

petitions to grant furlough leave to the petitioners therein.

5. In our view, an opportunity needs to be granted to the

petitioner to surrender on due date on this occasion. It would necessary

to consider whether the petitioner would mend his ways if an

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opportunity   is   granted   to   the   petitioner   this   time.     Also,   as   rightly

submitted by the petitioner, this Court has granted furlough leave to the

prisoners where the rejection of the furlough leave application is based

on Rule 4(11) of the Rules after the said rule is challenged in the said

petitions. In the circumstances of the case, we are inclined to allow the

writ petition.

6. The criminal writ petition is, therefore, allowed. The

respondents are directed to release the petitioner on furlough leave

within 7 days from the date on which the relative of the petitioner

furnishes the surety, as is required by Rule 6 of the Prisons (Bombay

Furlough and Parole) Rules, 1959. Order accordingly.

                  JUDGE                                               JUDGE



wasnik




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