Sabir Jabir Khan vs Deputy Inspector General ...
2021 Latest Caselaw 2899 Bom

 Judgment                                 1                         Cri.W.P.699.2020.odt


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

                   CRIMINAL WRIT PETITION NO. 699 OF 2020


          Sabir Jabir Khan,
          Convict No.C/4858,
          Presently at Central Prison,
          Amravati.

                                                              .... PETITIONER

                                   // VERSUS //

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

 2)       The Superintendent,
          Central Prison, Amravati.
                                               .... RESPONDENTS
  ______________________________________________________________
      Shri M. N. Ali, counsel (appointed) for the petitioner.
      Mrs. N. R. Tripathi, A.P.P. for the respondents.
 ______________________________________________________________

                           CORAM : SUNIL B. SHUKRE AND
                                   AVINASH G. GHAROTE, JJ.

DATED : 12.02.2021.

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

1. Heard. Rule. Rule made returnable forthwith.

2. Heard finally by consent of the learned counsel appearing

for the parties.

3. In February 2017, the petitioner was undergoing medical

treatment at Government Hospital, Amravati and at that point of time

Judgment 2 Cri.W.P.699.2020.odt

the petitioner had run away due to which Crime No. 3020 of 2017 for

offences punishable under Sections 223 and 224 of the Indian Penal

Code was registered against the petitioner. The petitioner has been

denied furlough leave only because his conduct as a prisoner has not

been found to be satisfactory. Such opinion of the Prison Authority, in

view of the conduct of the petitioner revealed by his running away

while undergoing medical treatment cannot be said to be satisfactory

and therefore, we see no infirmity in the impugned order.

4. Learned counsel for the petitioner submits that the

petitioner needs to be given one more chance. However, as of now

there is no material available on record which shows that the petitioner

has exhibited signs of improvement. Therefore, for the present at least

for this year, we are not inclined to issue any direction for grant of

furlough leave to the petitioner. This petition stands dismissed.

Rule is discharged.

Legal remuneration of Rs.2,500/- (Rs. Two Thousand Five

Hundred only) be paid to the counsel appointed for the petitioner.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.)

Kirtak