Mohd Yakub Abdul Majid Nagul vs Deputy Inspector General ...
2021 Latest Caselaw 17881 Bom

              1                                               Jcwp824.21.doc



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

     CRIMINAL WRIT PETITION NO.824 OF 2021


    Mohd Yakub Abdul Majid Nagul,
    Convict No.C/8774,
    Aged about 50 years,
    Presently at Central Prison,
    Nagpur.                                            ..             Petitioner

                                      Versus

    1.     Deputy Inspector General (Prisons),
           (East), Nagpur. (E.R.).

    2.     The Superintendent Central Prison,
           Nagpur.                            ..                Respondents



    Mr. M.N. Ali, Advocate for the petitioner,
    Ms. Nandita Tripathi, APP for the respondents


                     Coram :           M.S. Sonak and
                                       Pushpa V. Ganediwala, JJ.

Date : December 22, 2021.

ORAL JUDGMENT [PER : M.S. SONAK, J.]

Heard the learned counsel for the parties.

2. Rule. Rule is made returnable forthwith at the

request of and with the consent of the learned counsel for

the parties.

2 Jcwp824.21.doc

3. According to us, the issue raised in this petition is

squarely covered by our judgment and order dated

19.6.2019 in Criminal Writ Petition (WP) No.203/2019

instituted by this very petitioner.

4. The record indicates that this petitioner was

granted furlough leave in the past and has also surrendered

on or before the due date.

5. Therefore, by adopting the reasoning in the

aforesaid judgment and order, we allow this petition and set

aside the impugned order declining the petitioner furlough

leave. The petitioner will now have to be released on

furlough leave on such terms and conditions as the authority

shall deem fit and proper.

6. Besides that while on furlough leave, the

petitioner shall report the concerned police station once in a

week and before leaving the place of his residence, he shall

provide an intimation to the concerned police station. If the

petitioner commits an act of misconduct or fails to return on

due date or commits offenses, the same shall affect his

release on the next occasions.

3 Jcwp824.21.doc

7. Rule is made absolute in the aforesaid terms. No

order as to costs.

Pushpa V. Ganediwala, J. M.S. Sonak, J.

Gulande