Sanjay S/O Puran Bagde vs Deputy Inspector General ...
2021 Latest Caselaw 3224 Bom

                                                                   925.Cri..W.P.676.2020.odt
                                           (1)

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

                      CRIMINAL WRIT PETITION NO. 676/2020

          Sanjay s/o Puran Bagde,
          Aged about 32 years,
          R/o Sagar Wadi, Tq. Daryapur,
          Dist. Amravati.
          (Convict No. C/5501, At present at
          Amravati Central Prison.)                         ..... PETITIONER

                                    // VERSUS //

 1.     Deputy Inspector General (Prisons)
        (Eastern Region), Nagpur.

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

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          Miss. S. B. Khobragade, Advocate for petitioner.
          Miss. N. R. Tripathi, APP for the respondents.
 ---------------------------------------------------------------------------------------



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

DATED : 18/02/2021

ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

1] An alternate remedy in the nature of an appeal to be filed

before Inspector General (Prisons) is available to the petitioner. Learned

counsel for the petitioner submits that petitioner does not intend to

resort to the alternate remedy and would press this petition on its

merits.

925.Cri..W.P.676.2020.odt

2] Accordingly, we have heard learned counsel for the

petitioner and learned APP for the respondents.

3] Rule. Rule made returnable forthwith. Heard finally by

consent.

4] Firstly, we are not inclined to entertain this petition, for the

reason that an effective alternate remedy is available to the petitioner

which he does not wish to avail of and the petitioner has no justification

under his belt for his such refusal to take recourse to the alternate

remedy. Thus, on this ground alone, this petition deserves to be

dismissed.

5] When we come to consideration of merits of the matter,

again we find that this petition cannot be allowed for the reason that the

conduct of the petitioner in the jail is improper. Under Rule 4(6) of the

The Prisons (Bombay Furlough and Parole) Rules,1959, a prisoner is

not eligible to avail of the furlough leave if his work and conduct, in the

opinion of the Superintendent of the Prison is unsatisfactory. The

impugned order categorically records a fact that there is an adverse

opinion given by the Jail Superintendent.

6] In the result, we are of the view that there is no merit in the

petition. The Writ Petition stands dismissed.

925.Cri..W.P.676.2020.odt

Rule is discharged.

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

Sarkate.