Sk. Ahmed Sk. Sheikhji (In Jail) vs Deputy Inspector General Of ...
2017 Latest Caselaw 7432 Bom

                                       1                                      jg.cri.wp 529.17.odt

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

                    Criminal Writ Petition No. 529 of 2017

Sk. Ahmed. Sk. Sheikhji, 
C-4515, 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

3-3-2017 rejecting the application of the petitioner for grant of furlough

leave.

.....2/-

2 jg.cri.wp 529.17.odt

The learned counsel for the petitioner states that the furlough

leave application of the petitioner has been rejected only because the

petitioner has surrendered 55 days after the due date. It is stated that if

the petitioner is released on furlough leave on this occasion, he will

surrender on the due date.

An opportunity needs to be granted to the petitioner to mend

his ways. It apparent that only on one occasion the petitioner has

surrendered belatedly.

Hence by allowing the writ petition, we quash and set aside

the impugned order. 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.

The professional fees of the learned counsel for the petitioner

are quantified at Rs. 1500/-.

                  JUDGE                                               JUDGE

wasnik


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