Shantabai Domaji Ingle (In Jail) vs Superintendent, Central Jail ...
2018 Latest Caselaw 782 Bom

                                                  1              cri wp968.17.odt

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


                    CRIMINAL WRIT PETITION NO. 968 OF 2017

            Shantabai Domaji Ingle,, C-4025
            Aged about Major,  presently lodged
            in Central Prison, Amravati,
            Distt. Amravati                ......                             PETITIONER

                                   ...VERSUS...

 1.         Superintendent,
            Central Jail, Amravati.

 2.         DIG Prison, East,
            Nagpur.                                ......                 RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri G.L.Agrawal, counsel for Petitioner.
 Shri M.J.Khan, APP for Respondent nos. 1 and 2
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE AND
                                        M.G.GIRATKAR, JJ.

                          DATE    : 22      nd  JANUARY,  2018 .
 ORAL JUDGMENT


            1]             Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

2] The challenge is to the order dated 28.07.2017

passed by the competent Authority rejecting the prayer for

furlough leave. The ground put forth is that there is an

appeal pending against the conviction and therefore, the

2 cri wp968.17.odt

issue is covered by Rule 4(11) of the Prison (Bombay

Furlough and Parole) Rules, introduced on 26.08.2016.

3] We had granted time to the learned APP to find

out as to whether any such appeal is pending or not. He

submits that, on search he has seen that no such appeal

against conviction is pending and therefore, the reason put

forth in the order impugned does not at all survive.

4] In view of above, the writ petition is allowed.

The petitioner shall be entitled to be released on furlough

leave for a period of 28 days upon such terms and conditions

as the competent authority may deem fit to impose. The

petitioner be released on 29.01.2018 after completing all the

formalities.

Rule is made absolute in above terms. No orders as to

costs.

The fee of the appointed counsel is quantified at

Rs.1,500/-.

                                   JUDGE                           JUDGE

 Rvjalit