Suraj Popatrao Gurav vs State Of Mah. Thr. Deputy ...
2021 Latest Caselaw 13064 Bom

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

                  CRIMINAL WRIT PETITION NO. 417 OF 2021

  Shri Suraj Popatrao Gurav, C-5228,
  Aged about 33 years, Occ. Nil,
  (Presently in Central Prison, Amravati)                                . . . PETITIONER

                         ...V E R S U S..

  1. State of Maharashtra through
     Deputy Inspector General of Prison,
     Eastern Region, Nagpur.

  2. Superintendent of Jail,
     Central Prison, Amravti,
     Dist. Amravati.                                                 . . . RESPONDENTS

 ------------------------------------------------------------------------------------------------
 Shri Raju L. Kadu, Advocate for petitioner.
 Ms. N. R. Tripathi, A.P. P. for respondents/State.
 -----------------------------------------------------------------------------------------------
                  CORAM :- V. M. DESHPANDE AND
                           AMIT B. BORKAR, JJ.

DATED :- 14.09.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule is made returnable forthwith. Heard finally by

consent of the parties.

3. By this Writ Petition under Articles 226 and 227 of the

Constitution of India, the petitioner is challenging the order dated

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25.05.2020 passed by the respondent no. 1 rejecting furlough leave

application of the petitioner for a period of 28 days.

4. The petitioner is convicted for the offence punishable

under Sections 302, 394, 201 and 34 of the Indian Penal Code and is

undergoing imprisonment for life.

5. The petitioner had completed 9 years, 2 months and 24

days of imprisonment on the date of filing of the application for

furlough leave. The petitioner on 03.12.2019 filed the application for

grant of furlough leave for a period of 28 days. The respondent no. 1

by the impugned order rejected the furlough leave application of the

petitioner on the ground that the petitioner is a convict for the offence

punishable under Section 394 of the Indian Penal Code and therefore,

he is not eligible for being released in view of the Rule 4(2) of the

Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 (in

short, "Rules of 1959").

6. The petitioner has therefore challenged the impugned

order by way of the present petition. This Court on 17.06.2021 issued

notice to the respondents. The respondent no. 2 has filed reply of

Ramesh S/o. Vishnu Kamble, Superintendent, Central Prison, Amravati

dated 30.06.2021 stating that the petitioner has been convicted for

offence punishable under Section 394 of the Indian Penal Code and

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has sentence to undergo imprisonment for life. It is stated in the reply

that learned Sessions Judge while awarding punishment had observed

that since he had awarded sufficient punishment of imprisonment for

life, he is not awarding any sentence for the offence punishable under

Section 394 of the Indian Penal Code.

7. Shri Raju L. Kadu, learned Advocate for the petitioner

submitted that as per Rule 4(2) of the Rules of 1959, a prisoner is

eligible after completion of stipulated sentence in the respective

offence. In the light of the said submission, we have scrutinized the

judgment in Sessions Case No. 206/2011. On perusal of the said

judgment, it appears that the learned Sessions Judge has imposed

punishment of imprisonment for life and has convicted the petitioner

for each of the offence, which includes offence under Section 394 of

the Indian Penal Code. We are therefore of the opinion that in view of

the Rule 4(2) of the Rules of 1959, the petitioner is not eligible for

being released on furlough leave. Hence, there is not merit in the

petition.

8. Hence, the Writ Petition is dismissed. Rule discharged.

                               JUDGE                                   JUDGE

RR Jaiswal