Pravin Tukaram Bhagat vs Deputy Inspector General Of ...
2021 Latest Caselaw 15369 Bom

                                                    1                    criwp625.21.odt


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

                CRIMINAL WRIT PETITION NO.625 OF 2021

      Pravin Tukaram Bhagat (C-5779),
      Aged about 44 years, Occ- NA
      R/o Parwa, Post Talegaon,
      Distt. Yavatmal.                                      .....PETITIONER

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

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

 2. Superintendent of Police, Yavatmal.

 3. Superintendent of Jail,
    Central Prison, Amravati,
                                                               ....RESPONDENTS
 -------------------------------------------------------------------------------------------
 Ms Ratna A Singh, Advocate for petitioner.
 Ms N.R. Tripathi, A.P.P. for respondents.
 -------------------------------------------------------------------------------------------
          CORAM:- M.S. SONAK AND PUSHPA V. GANEDIWALA, JJ.
          DATE :- 26th OCTOBER, 2021

 JUDGMENT (PER : PUSHPA V. GANEDIWALA, J.)

Rule. Rule is made returnable forthwith. Heard finally

with consent of learned counsel for both the parties.

2. The challenge in this petition is to the order dated

16.06.2021 passed by the respondent no.1 Deputy Inspector

General of Prison (East Region), Nagpur, whereby the application

of the petitioner for his release on furlough for a period of 21 days

came to be rejected. The application came to be rejected on the

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ground that the informant and witnesses of the crime, in which

the petitioner is undergoing sentence, expressed apprehension to

their life if the petitioner is released on furlough leave. We have

perused the record and also considered the submissions made on

behalf of both the sides.

3. At the outset, it is not disputed that the petitioner

who is a life convict for the offence of murder is eligible for grant

of furlough leave as per the Prisons (Bombay Furlough and Parole)

Rules, 1959. Admittedly, as of now he has already undergone

three years of imprisonment, which is a condition precedent for

grant of first furlough leave as per Rule 3 (C)(1) of the said Rules.

4. A perusal of the impugned order would indicate that

sister of the present petitioner is ready to stand as a surety for

him. As per the police verification report, the sister of the

petitioner is the competent person to stand as a surety. The

impugned order vaguely refers to the apprehension expressed by

the informant and witnesses in the crime for which the petitioner

is undergoing sentence. The impugned order is absolutely silent as

to the basis on which the said apprehension is expressed.

5. At this juncture, it would be relevant to refer to the

objectives for grant of furlough and parole leaves to the inmates.

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The objectives are provided in Rule 1(A) of the said Rules. These

are the progressive measures of correctional services to enable the

inmate to maintain continuity with his family life and deal with

family matters, to save from evil effects of continuous prison life,

to enable him to maintain and develop his self-confidence, to

enable him to develop constructive hope and active interest in life.

6. Having regard to the avowed objectives and the

eligibility of the petitioner for grant of the furlough leave as per

the rules, we are inclined to allow the petition by setting aside the

impugned order dated 16.06.2021. Accordingly, we pass the

following order:

Petitioner - Pravin Tukaram Bhagat shall be released on

furlough leave for a period of 21 days on executing personal bond

of Rs.20,000/- and such other conditions to the satisfaction of

respondent no.3 - Superintendent of Jail.

Rule is made absolute in the above terms. The petition

stands disposed of. No costs.

          (Pushpa V. Ganediwala, J.)               (M.S. Sonak, J.)



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