Jaswant Sukhdeo Jaronde (In Jail) vs Deputy Inspector General Of ...
2018 Latest Caselaw 254 Bom

         CWP924.17.odt                                                                     1/3


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

                   CRIMINAL WRIT PETITION NO. 924 of 2017.


         PETITIONER:                 Jaswant Sukhdeo Jaronde,
                                     Aged about 37 years, R/o Sirur, 
                                     Vyankatesh City, Wardha Road, Nagpur.

                                                  : VERSUS :


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

                                    2. Superintendent of Jail, 
                                       Central Prison, Nagpur.        

         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
         Ms.S.B.Khobragade, Advocate for the petitioner.
         Mr.K.R.Lule,   Additional   Public   Prosecutor   for   the
         respondents.
         =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

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

DATED : 10th JANUARY, 2018.

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

1. Rule, made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2. Furlough leave for 28 days has been rejected on

CWP924.17.odt 2/3

two grounds. (i) that, on three occasions the petitioner was

released on furlough leave but on every occasion he reported

late. (ii) that, the surety of his father is not acceptable as

father is aged about 68 years.

3. It is not in dispute that the petitioner lastly

surrendered on 15th May, 2013 and since then he has not

availed any leave. The petitioner is presently in open Prison

at Nagpur and is undergoing rigorous imprisonment for life.

4. We do not find that the respondents were justified

in rejecting the furlough leave for 28 days.

5. In view of above, the petition is allowed.

The order dated 16th August, 2017 rejecting the

furlough leave is hereby quashed and set aside. It is held

that the petitioner is entitled for furlough leave for 28 days.

The surety of his father if furnished and if found in order, can

be accepted.

Authority concerned is at liberty to impose all such

CWP924.17.odt 3/3

conditions as they deem fit and proper to ensure that the

petitioner reports on duty immediately after expiry of period

of furlough leave. The petitioner be released by 22nd

January, 2018.

The petition is disposed of accordingly.

                           JUDGE.                                         JUDGE



         chute