Bombay High Court
Ajit S/O Chandrakant Rane vs Dy. Inspector General Of Priosn ... on 10 June, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 404 OF 2020
Ajit S/o. Chandrakant Rane,
Aged about 43 years,
R/o. Thi House No. 218,
Father Peter Parera Road,
Opp. Akash Bakery, Kurla (West),
Mumbai.
(C/5014, Central Prison, Amravati). . . . PETITIONER
...V E R S U S..
1. Dy. Inspector General of Prison,
(East Region), Nagpur.
2. Superintendent of Jail,
Central Prison, Amravati District,
Amravati. . . . RESPONDENT
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Ms. Sonali B. Khobragade, Advocate for petitioner.
Shri S. M. Ghodeswar, A.P.P. for respondents/State.
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CORAM :- V. M. DESHPANDE AND
AMIT B. BORKAR, JJ.
DATED :- 10.06.2021
ORAL JUDGMENT (PER : V. M. DESHPANDE, J.) :-
1. Hearing was conducted through Video Conferencing and
learned counsel agreed that the audio and visual quality were proper.
2. Rule. Rule is made returnable forthwith. Heard finally by
consent of the parties and also perused affidavit-in-reply filed on
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behalf of the respondent no. 2.
3. The petitioner, who is a convict, filed one application before
respondent no. 2 to release him on furlough. The said application was
rejected by respondent no. 1 i.e. Deputy Inspector General of Prison
(East Region), Nagpur on 08.07.2020. Against the said, the present
Writ Petition is filed.
4. Shri S. M. Ghodeswar, learned A.P.P. for respondents/State
vehemently opposed the grant of furlough. Alongwith the reply, at
page no. 17 of the compilation, the State has filed a chart showing on
how many occasions the petitioner was released either on furlough or
parole. From the chart it appears that in the year 2014, the petitioner
was released on furlough vide order dated 10.01.2015 and the chart
itself shows that on the due date i.e. on 08.02.2015 the petitioner
surrendered himself before the jail authority. On the second occasion
in the year 2014 itself, the petitioner was released on parole vide order
dated 11.02.22015 by the authority and as per the chart, on
13.05.2015 i.e. on due date the petitioner surrendered himself before
the jail authority. Lastly, when the petitioner's application for furlough
leave was rejected, he approached this Court by filing Writ Petition No.
234/2019 and this Court (Coram: Z. A. Haq and Vinay Joshi, JJ) vide
judgment dated 02.05.2019 allowed the Writ Petition and ordered that
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he be released on furlough and accordingly as per the chart, the
petitioner was released on 04.07.2019 and he himself surrendered on
the due date on 02.08.2019.
5. It is not in dispute that the petitioner is entitle for furlough
leave.
6. Looking to previous conduct of the petitioner that he
himself surrendered on due dates before the jail authority, in our view
the petitioner can be released on furlough.
7. Hence, we pass following order:-
(i) The order dated 08.07.2020 passed by respondent no. 1 is
hereby quashed and set aside.
(ii) The respondent no. 1 is directed to release the petitioner on
furlough leave for a period of 28 days on such terms and conditions as
the authority shall deem fit and proper.
(iii) It is made clear that if the petitioner commits an act of
misconduct or fails to return on the due date or commits any offence,
it shall affect his release in future.
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With these observations, the Writ Petition is allowed and
disposed of. No cost.
JUDGE JUDGE
RR Jaiswal
