Aadesh Anil Khairkar vs Deputy Inspector General ...
2021 Latest Caselaw 8712 Bom

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

               CRIMINAL WRIT PETITION NO. 411 OF 2021

        Aadesh Anil Khairkar
        Convict No.C/5548,
        Presently at Central Prison,
        Amravati.
                                                                      ...PETITIONER
                           ...V E R S U S...

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

 2.    The Superintendent,
       Central Prison, Amravati.
                                                                 ...RESPONDENTS
 --------------------------------------------------------------------------------------------
 Shri Mir Nagman Ali, Advocate for petitioner.
 Mrs. N.R. Tripathi, Addl. Public Prosecutor for respondents.
 --------------------------------------------------------------------------------------------
                  CORAM :- V.M. DESHPANDE AND
                                    AMIT B. BORKAR, JJ.
                  DATED :- JULY 02, 2021.

 ORAL JUDGMENT (PER : V. M. DESHPANDE, J.):


                  Rule. Rule is made returnable forthwith.                           Heard

 finally by consent of the parties.



 2.               Shri Ali, learned counsel for the petitioner submits

 that the petitioner has no point of time on earlier occasion has

 availed furlough leave. This particular statement made by Shri Ali

 is not denied by the State. Respondent No.1 refused to release the




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 petitioner on furlough leave because of adverse police report,

 which states that if the petitioner is released on furlough leave the

 possibility of committing another crime by him is not ruled out.



 3.               The impugned order as well as reply filed on behalf of

 respondent nos.1 and 2 is conspicuously silent as to on what basis

 there is a perception in the mind of police authority that if

 petitioner is released on furlough leave there are chances of

 committing another offence.                 We cannot forget that after

 conviction imposed upon the petitioner till today the petitioner

 was not released from the jail. If that be so, in our view the

 apprehension expressed in the police report and in the impugned

 order has no foundation. In that view of the matter, we pass the

 following order:

                                       ORDER

(a) The order dated 01.04.2021 passed by respondent

no.1 is hereby quashed and set aside. The petitioner is

entitled to avail the furlough leave as admissible to him.

(b) The respondents are directed to release the

petitioner on furlough leave after compliance of procedural

aspect.

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           (c)      The petitioner is directed to surrender himself before

the jail authority after completion of furlough leave. He

shall not commit any other offence while he enjoying

furlough leave.

(d) It is made clear that if the petitioner surrenders late

before the jail authority or commit any offence during the

furlough that will be adverse circumstance for him for

considering his future furlough leave or parole in future.

(e) The writ petition is disposed of.

Rule is made absolute in above terms. No order as to costs.

                      JUDGE                             JUDGE



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