Ravindra S/O. Rangrao Ingale (In ... vs State Of Maharashtra Thr. The ...
2018 Latest Caselaw 829 Bom

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

             Criminal Writ Petition No.911 of 2017


  Ravindra s/o Rangrao Ingale,
  Convict No.C-50,
  District Open Prison,
  Gadchiroli.                                          ... Petitioner
                                                           (In Jail)
        Versus

  1. State of Maharashtra,
     through the Deputy Inspector
     General of Prison (Eastern Region),
     Nagpur.

  2. The Superintendent,
     Open Prison, Gadchiroli.                          ... Respondents


  Ms M.S. Hiwase, Advocate (Appointed) for Petitioner.
  Ms N.R. Tripathi, Advocate for Respondents.


                Coram : R.K. Deshpande & M.G. Giratkar, JJ.

                Dated  : 23    January, 2018
                            rd
                                             


   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. This petition is for grant of furlough leave for a period of

28 days. The petitioner is undergoing life imprisonment for the

offence punishable under Section 302 of the Indian Penal Code.

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The refusal to grant furlough leave is on the ground that on several

occasions, the petitioner surrendered late when he was released on

parole or furlough leave and, therefore, he is not entitled to any

relief in this petition. Otherwise, the entitlement of the petitioner

for furlough leave for 28 days is not in dispute. The petitioner was

not required to be arrested though he surrendered late on earlier

several occasions. This can be taken care of and the petitioner

cannot be refused furlough leave.

3. In view of above, the petition is allowed. The petitioner is

entitled to be released on furlough leave for 28 days with effect

from 5-2-2018 after completing all the formalities and on such

terms and conditions which the competent authority deems fit and

proper to impose. In addition to it, we make it clear that if it is

found on this occasion that the petitioner has not surrendered in

the prison on due date, his furlough leave for a further period of

28 days, if he is otherwise entitled to, shall stand forfeited.

(M.G. Giratkar, J.) (R.K. Deshpande, J.) Lanjewar, PS

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