Naresh Kisan Wanjari (In Jail) vs Deputy Inspector General ...
2021 Latest Caselaw 3425 Bom

                                                                       3.cri.wp.1167.2018.odt
                                              1

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

                      CRIMINAL WRIT PETITION NO.1167/2018



          Naresh Kisan Wanjari,
          Convict No.C/3718
          Central Prison, Amravati.
                                                               ..... PETITIONER

                                    // VERSUS //

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

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

 ---------------------------------------------------------------------------------------
          Shri Mir Nagman Ali, Advocate for petitioner
          Shri A. S. Fulzele, Addl. P. P. for the respondents.
 ---------------------------------------------------------------------------------------



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

                               DATED      :       23/02/2021


 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]                The petitioner has been refused furlough leave on the

ground that his conduct is not satisfactory and that even now he

3.cri.wp.1167.2018.odt

continues to flout the orders by reporting back to the Jail Authorities late

whenever, he has been released either on furlough or parole. Learned

counsel for the petitioner submits that the late reporting incidents were

very old and therefore, they do not have any live link with the present

conduct of the petitioner. He submits that by efflux of time, the whole

incidence of late reporting has been rendered irrelevant.

4] Learned Addl. P. P. submits that there is a latest incident of

late reporting which pertains to release of this petitioner on furlough on

08.09.2020 and at that time, the petitioner had surrendered before the

Jail Authorities after a delay of four days.

5] On going through the chart given in the reply of the

respondents, it becomes clear that unsatisfactory conduct of the

petitioner is continuous even today and last breach of the release order

was committed at a time when he was released on death parole on

08.09.2020. At that time, the petitioner had reported back to the Jail

Authorities after a delay of four days. There is no dispute about this

fact. Therefore, we are of the opinion that no infirmity could be found in

the order.

6] In judgments relied upon by learned counsel for the

petitioner which are Prakash Waman Wahurwagh Vs. Deputy Inspector

General of Prison, Eastern Region, Nagpur and anr., Criminal Writ

3.cri.wp.1167.2018.odt

Petition No.756 of 2018, decided on 08.04.2019 and Rambharose @

Ranga Pannalai Malviya Vs. State of Maharashtra, Through Deputy

Inspector General of Prison, Eastern Region, Nagpur and another ,

Criminal Writ Petition No. WP 781 of 2018, decided on 18.02.2019, a lot

of time had passed by after the petitioner had committed the breach and

therefore, it was thought that another chance be given to the petitioner

involved therein. It was also found that by efflux of time, the live link

with the previous misconduct was snapped with the present conduct of

the petitioner. These facts are different from the facts of the present case

as noted above and therefore, no assistance of these cases would go to

the petitioner.

 7]                The Writ Petition stands dismissed.

                   Rule is discharged.




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



 Sarkate.