Avinash Bhimrao Bagade (In Jail) vs State Of Maharashtra Thr. Deputy ...
2021 Latest Caselaw 3110 Bom

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                                                                            wp155.2019.odt

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


                     CRIMINAL WRIT PETITION NO.155/2019


 Avinash Bhimrao Bagade,
 Convict No.C/9392, aged 26 Yrs.,
 Occ. Nil, Confined at Central Prison,
 Nagpur.                                                                        ..Petitioner.

          ..Vs..

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

 2.       The Superintendent,
          Central Prison, Nagpur.                                             ..Respondent.
 ------------------------------------------------------------------------------------------------
 Ms S.D. Wankhede, Advocate for the petitioner.
 Shri S.M. Ghodeswar, Additional Public Prosecutor for the respondents.
 ------------------------------------------------------------------------------------------------
                           CORAM :- SUNIL B. SHUKRE AND
                                            AVINASH G. GHAROTE , JJ.

DATED :- 16.2.2021

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

1. Heard. Rule. Rule made returnable forthwith. Heard finally

by consent.

2. We do not find any infirmity in the impugned order rejecting

the application of the petitioner for grant of furlough in view of the

fact that the petitioner is a prisoner who has been convicted by

wp155.2019.odt

Madhya Pradesh Court for an offence of kidnapping for ransom

punishable under Section 364A of the Indian Penal Code which

conviction would make the petitioner ineligible under Rule 4(13) of

the Prisons (Bombay Furlough and Parole) Rules, 1959 for his release

on furlough. The petition stands dismissed. Rule is discharged.

                               JUDGE                            JUDGE




 Tambaskar.