Ramrao S/O. Kawduji Kangale (In ... vs Deputy Inspector General Of ...
2017 Latest Caselaw 7430 Bom

                                       1                                      jg.cri.wp 528.17.odt

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

                    Criminal Writ Petition No. 528 of 2017

Ramrao S/o Kawduji Kangale, 
C-3883, Detained in Central 
Prison, Amravati.                                                            .... Petitioner

      //  Versus //

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

(2) The Superintendent,
      Central Prison, Amravati.                                          .... Respondents

Mrs. S. P. Dhotre, Advocate for the petitioner (appointed)
Mrs. N. R. Tripathi, Additional Public Prosecutor for the respondents       
                                                       
                                    CORAM      : SMT. VASANTI  A  NAIK AND
                                                   M. G. GIRATKAR, JJ.

DATE : 21-9-2017.

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.

By this criminal writ petition, the petitioner challenges the

order of the Deputy Inspector General of Prisons, Nagpur dated

13-2-2017 rejecting the application of the petitioner for grant of furlough

leave.

.....2/-

2 jg.cri.wp 528.17.odt

The application of the petitioner for grant of furlough leave

is rejected on two grounds. According to the Deputy Inspector General of

Prisons, when the petitioner was earlier released on parole or furlough

leave in year 2010, 2011, 2014 and 2016, he had surrendered 57 days

and one day after the due date. The application is rejected in view of

Rule 4(11) the the Prisons (Bombay Furlough and Parole) Rules, 1959

as the appeal filed by the petitioner against the judgment of his

conviction is pending.

We do not find any propriety in both the reasons recorded by

the Deputy Inspector General of Prisons for rejecting the furlough leave

application of the petitioner. In the year 2010, 2014 and 2016, the

petitioner had surrendered only one day after the due date. Also, the

application of the petitioner could not have been rejected because the

appeal filed by the petitioner against his conviction is pending. Rule

4(11) is challenged before this Court in a couple of writ petitions and this

Court has prima facie found that the rule is arbitrary and unreasonable.

In the circumstances of the case, we allow the criminal writ

petition. The impugned order is quashed and set aside. 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,

.....3/-

3 jg.cri.wp 528.17.odt

as is required by Rule 6 of the Prisons (Bombay Furlough and Parole)

Rules, 1959. Order accordingly.

The professional fees of the learned counsel for the petitioner

are quantified at Rs. 1500/-.

                  JUDGE                                          JUDGE



wasnik




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