Bombay High Court
Diwesh S/O Prakash Aware vs Deputy Inspector General ... on 14 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. 304 OF 2021
PETITIONER : Diwesh S/o Prakash Aware,
Aged about 25 years,
R/o Plot No. 8, Vaishnavi Apartment,
Opp. Ram Mandir, Pumping Station Road,
Nashik.
(Convict No. C/10513, at present at
Nagpur Central Prison)
VERSUS
RESPONDENT : 1. Deputy Inspector General (Prisons),
(Eastern Region), Nagpur.
2. The Superintendent,
Nagpur Central Prison, Nagpur
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Ms. S. B. Khobragade, Advocate for the petitioner.
Mrs. N. R. Tripathy, A. P. P. for the respondent nos.1 and 2.
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CORAM : V. M. DESHPANDE and AMIT B. BORKAR, JJ.
DATE : JUNE 14, 2021.
ORAL JUDGMENT [Per V. M. Deshpande, J.]
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
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2. Heard Ms. Sonali B. Khobragade, learned counsel for the
petitioner and Ms. N.R. Tripathy, learned Additional Public
Prosecutor for the respondents.
3. By this petition, the petitioner is challenging the order
passed by respondent no.1 dated 25.12.2020, whereby the
application moved on behalf of the petitioner for releasing him on
furlough is rejected.
4. The petitioner is convicted by the learned Additional
Sessions Judge, Nashik vide Judgment dated 28.03.2019 in Sessions
Trial No. 184 of 2015, arising out of Crime No. 17 of 2015. The
petitioner is undergoing the jail sentence.
5. The application for furlough was rejected by the respondent
no.1 authority because of the apprehension expressed in the police
report, that if he is released on furlough, possibility of committing
offence at his hand is not ruled out.
6. In the reply, it is also stated by the authority that another
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case i.e. Regular Criminal Case No.487/2014 for the offence
punishable under Section 307 of the Indian Penal Code is also
pending in the Court of learned Additional Sessions Judge, Nashik.
7. Before us, it is not disputed by the respondents that the
petitioner, as on today, has not availed furough leave. This is the first
application for releasing him on furlough leave after he being
entitled for claiming the same.
8. In our view, the apprehension expressed in the police
report has no factual foundation. Therefore, at this stage much
importance cannot be given to it. Insofar as another case is
concerned, it also not in dispute that the competent criminal Court
has already granted him bail.
9. In that view of the matter, we are of the view that the
petitioner can be released on furlough leave. Hence, we pass the
following order :
ORDER
1. The Criminal Writ petition is allowed.
4 CRIWP304.21.odt
2. The order passed by respondent no.1 - Deputy
Inspector General (Prisons), (Eastern Region), Nagpur, dated
25.12.2020 thereby rejecting the application filed by the
petitioner for releasing him on furlough leave, is hereby
quashed and set aside.
3. The petitioner be released on furlough leave by the
authority on his completion of all the formalities.
4. The petitioner shall not commit any offence during
his furlough leave and shall report to the Jail Authority in
time.
5. The writ petition is allowed and disposed of.
JUDGE JUDGE
Diwale
