Amit Ashok Shinde (In Jail) vs State Of Maharashtra Thr. Deputy ...
2018 Latest Caselaw 326 Bom

                                                1               criwp1069.17.odt

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

                  CRIMINAL WRIT PETITION NO. 1069 OF 2017


            Amit Ashok Shinde,
            Convict No. C/7840
            Aged 31 years, Occ. Nil,
            Confined at Central Prison, Nagpur........                        PETITIONER

                                  ...VERSUS...

 1]         State of Maharashtra through
            Deputy Inspector Gender of Prison,
            Eastern Region, Nagpur.

 2]         The Superintendent,
            Central Prison, Nagpur                  ......                    RESPONDENT

 -------------------------------------------------------------------------------------------
 Ms. S.D.Wankhede, Advocate for the petitioner.
 Shri K.R.Lule, A.P.P for respondents 
 -------------------------------------------------------------------------------------------
                           CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.
                                          th
                           Date      : 11     JANUARY, 2018 .

 JUDGMENT (P.C.)

Rule made returnable forthwith. Heard finally by

consent of the learned counsels appearing for the parties.

2] The challenge in this petition is to the order

dated 31.10.2017 passed by the Deputy Inspector General of

Prison, Eastern Region, Nagpur, refusing to grant the

2 criwp1069.17.odt

petitioner furlough leave for 28 days to visit his family

members.

3] In response to the petition, reliance is placed on

Rule 4(13) of the Prisons (Bombay Furlough and Parole)

Rules, and it is urged that the petitioner was convicted for the

offence of decoity and therefore, he shall not be entitled to

grant of furlough leave.

4] No doubt that the petitioner was convicted for the

offence punishable under Sections 120-B, 302, 394, 397 of

Indian Penal Code by the learned Sessions Judge,

Sindhudurg in the year 2003. The Apex Court converted the

sentence to rigorous imprisonment for life on 27.02.2014.

The petitioner has undergone an imprisonment for a period of

13 years, 7 months and 18 days. The petitioner was

released on furlough leave on 3 occasions after 27.02.2014

and on parole leave also on 3 occasions after 27.02.2014.

On all the occasions, the petitioner has reported in the prison

on due dates. Though it is not clear either from the petitioner

or from the reply as to whether the petitioner has completed

the sentence for the offence of decoity, we can raise such

3 criwp1069.17.odt

presumption for the reason that the petitioner was released

on furlough and parole subsequently after 27.02.2014. We,

therefore, do not find substance in the stand taken by the

respondents.

5] In the result, writ petition is allowed. The order

dated 31.10.2017 passed by the Deputy Inspector General of

Prisons is hereby quashed and set aside. The petitioner is

held entitled to be released on furlough leave for a period of

28 days on such terms and conditions as the authorities

concerned deems fit and proper to impose and also to secure

the presence of the petitioner in prison on the due date.

The petitioner shall be released on 15.01.2018. No order as

to cost.

                                JUDGE                          JUDGE

 Rvjalit