Asgar Kadar Sheikh vs Deputy Inspector General ...
2021 Latest Caselaw 17987 Bom

25-CRI-WP-794-2021.odt                            1



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

          CRIMINAL WRIT PETITION NO. 794 OF 2021

Asgar Kadar Sheikh,
Convict No. C/6473, aged about 55 years,
Presently at Central Prison, Nagpur.
                                                      ...PETITIONER

             Versus

1. Deputy Inspector General (Prisons),
   Nagpur.

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

Mr. M.N. Ali, Advocate for the petitioner.
Mrs. N.R. Tripathi, A.P.P. for the respondents.

                      .....

             CORAM : M.S. SONAK AND
                     PUSHPA V. GANEDIWALA, JJ.
             DATED : DECEMBER 23, 2021.


JUDGMENT (PER : M.S. SONAK, J.) :

Heard Mr. Ali, learned counsel for the petitioner,

and Mrs. Tripathi, learned A.P.P. for the respondents/ State.

2. Rule. Rule is made returnable forthwith at the

request and with the consent of learned counsel for the parties.

3. The challenge in this petition is to the order dated

01/09/2021 by which the respondents have reviewed their

earlier order dated 03/08/2021 and denied the petitioner

furlough.

4. The record indicates that before making the

impugned order and taking away the benefits of furlough that

has already been granted to the petitioner, no opportunity of

hearing was granted to the petitioner.

5. That apart, the concerned respondents have failed

to advert to our judgment and order dated 18/09/2018 in

Criminal Writ Petition No. 351/2018 instituted by this very

petitioner where, after considering the provisions of Rule 4(13)

of THE PRISONS (Bombay Furlough and Parole) Rules, 1959,

directions were issued to release the petitioner on furlough.

6. The record in this case indicates that the authorities

themselves had thereafter released the petitioner on furlough,

and the petitioner had complied with the terms and conditions

subject to which he was so released. In the return filed in this

matter, a chart is given at paragraph 12 which indicates that

out of 12 occasions on which the petitioner was released on

furlough, he has surrendered on or before the due date on 11

occasions. On one of the occasions, he surrendered by himself

but with delay of one day. This was in the year 2011.

7. Having regard to the record of the petitioner as also

our earlier decision in Criminal Writ Petition No. 351/2018, we

set-aside the impugned order dated 01/09/2021 and restore

the order dated 03/08/2021 made by the respondents.

8. Rule is made absolute in the aforesaid terms. There

shall be no order for costs.

(PUSHPA V. GANEDIWALA, J.) (M.S. SONAK, J.)

******

Sumit

Digitally signed bySUMIT CHETAN AGRAWAL Signing Date:23.12.2021 17:37