Sumit @ Pandya @ Sumedh Mahadeo ... vs Deputy Inspector General Of ...
2021 Latest Caselaw 16028 Bom

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

              CRIMINAL WRIT PETITION NO.596 OF 2021

     Sumit alias Pandya alias Sumedh
     Mahadeo Meshram,
     Aged about 24 years,
     R/o Parva, Post Talegaon (Bhari),
     Tah. & Dist. Yavatmal.
     (C/5778, Central Prison, Amravati).                            .....PETITIONER

                                   ...V E R S U S...

1. Deputy Inspector General of
   Prison (East Region), Nagpur.

2. The Superintendent of Jail,
     Central Prison, Amravati.                                   ....RESPONDENTS
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Shri S.D. Chande, Advocate for petitioner.
Ms N.R. Tripathi, A.P.P. for respondents.
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         CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ.
         DATE :- 18h NOVEMBER, 2021

P. C.

                 Rule. Rule is made returnable forthwith. Heard finally

with consent of learned counsel for both the parties.



2.               By this writ petition under Articles 226 and 227 of the

Constitution of India, the petitioner is challenging the order dated

16.06.2021 passed by the respondent no. 1 refusing to release the

petitioner on furlough leave of 21 days.
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3.          The petitioner is convicted for the offence punishable

under Section 302 of the Indian Penal Code and is undergoing

imprisonment for life. The petitioner on 21.04.2021 applied for

grant of furlough leave of 21 days on the ground that he wanted

to meet his family and to spend time with them. The respondent

no. 1 - Authority called for report from the Superintendent of

Police, Yavatmal and based on the said report rejected the

furlough leave application of the petitioner. The petitioner has

therefore filed the present writ petition challenging the order

impugned order.



4.          The learned counsel for the petitioner submits that

co-convict, who is convicted along with present petitioner for the

offence of murder, has been released on furlough leave by this

Court vide judgment and order dated 20.09.2019 in Criminal Writ

Petition No.578 of 2021.



5.          We have perused the aforesaid judgment and record

of this Court. We are satisfied that case of the petitioner is

similarly situated with the case of the petitioner in aforesaid writ

petition. Perusal of the impugned order dated 16.06.2021 has not

referred to any material on the basis of which the apprehension of
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breach of peace and tranquility and threat to lives of witnesses

could have been expressed by the respondent no.1.



6.           We do not see any good reason to reject the furlough

leave to the petitioner. In any case his eligibility for grant of

furlough leave is otherwise not disputed. In this view of the

matter, we pass the following order:


                               ORDER

i. The impugned order dated 16.06.2021 passed by the

respondent no. 1 rejecting furlough leave application of the

petitioner is quashed and set aside.

ii. The respondent no. 1 is directed to grant furlough leave of

21 days to the petitioner in accordance with his eligibility upon

suitable conditions consistent with the Prisons (Bombay Furlough

and Parole) Rules, 1959 within a period of one week from the date

of production of this order.

Rule is made absolute in the above terms. Pending

application(s), if any, stand(s) disposed of.

(Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Wagh Digitally signed by:SURESH RAOSAHEB WAGH Signing Date:20.11.2021 14:45