Bombay High Court
Sanjay @ Bandya Madhukar Waghade vs State Of Mah. Thr. Deputy ... on 12 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
1 CRIWP426.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL WRIT PETITION NO. 426 OF 2021
PETITIONER : Sanjay @ Bandya Madhukar Waghade,
C-9351, Aged about 46 years, Occu. Nil,
R/o At Pandhrabodi, Backside of Budhvihar,
Post Dharampeth, Tah. & Dist. Nagpur.
(Presently ni Central Prison, Nagpur)
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Deputy Inspector General
of Prisons, Eastern Region, Nagpur.
2] Superintendent of Jail,
Central Prison, Nagpur, Dist. Nagpur.
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Mr. Raju Kadu, Advocate for the petitioner.
Mr. V. A. Thakare, A.P.P. for the respondent nos.1 and 2
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CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
DATE : AUGUST 12, 2021.
ORAL JUDGMENT [Per V. M. Deshpande, J.]
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2. Heard Shri Raju Kadu, learned counsel for the petitioner
2 CRIWP426.21.odt
and Shri V. A. Thakare, learned Additional Pubic Prosecutor for the
respondent nos.1 and 2. Also perused the reply filed on behalf of
the State.
3. By this petition, the petitioner is challenging the order
dated 09.04.2021 passed by respondent no.1 - Deputy Inspector
General of Prisons, Eastern Region, Nagpur, by which the said
authority has rejected the application moved on behalf of the
petitioner for grant of furlough leave.
4. The reply is filed by the State. It is stated that the
petitioner was convicted by the learned Additional Sessions Judge,
Nagpur in Sessions Trial No. 277 of 2013 on 18.06.2016 and the
petitioner was directed to suffer imprisonment for life for the offence
punishable under Section 302 of the Indian Penal Code and
imprisonment for seven years for the offence punishable under
Section 307 of the Indian Penal Code. In the reply, it is further
pointed out that the petitioner is having past criminal antecedents as
per the chart given in the reply itself. Police Station of Sitabuldi
Division, Nagpur has submitted an adverse report in respect of
3 CRIWP426.21.odt
release of the petitioner on furlough leave. Further, it is also stated
in the reply that on last occasion when the petitioner was released on
furlough leave, he did not surrender on due date. Not only that, he
did not surrender himself, but he was required to be brought before
the jail authority by the police after 173 days.
5. Thus, according to us, the petitioner is having inclination
to jump furlough leave. Surely, this is not a case in which this Court
should exercise the extraordinary writ jurisdiction in favour of the
petitioner. The criminal writ petition is accordingly dismissed. Rule
discharged.
JUDGE JUDGE
Diwale
