Kailash @ Mahesh S/O Ashok Panchal vs State Of Mah. Thr. Dig Of Prisons ...
2022 Latest Caselaw 4672 Bom

Judgment

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR
              CRIMINAL WRIT PETITION NO.197 OF 2022

Kailash @ Mahesh s/o Ashok Panchal,
Aged about 40 years,
Convict No.C-5942,
Central Prison, Amravati.                      ..... Petitioner.

                           :: V E R S U S ::

1. State of Maharashtra, through
Deputy Inspector General of Prisons,
Nagpur, (E) Region,
Nagpur Division, Nagpur.

2. The Superintendent of Prison,
Central Prison, Amravati.          Respondents.

===================================
Shri Nitesh Samundre, Counsel for the Petitioner.
Mrs.N.R.Tripathi, Additional Public Prosecutor for the State.
===================================


CORAM        : V.M.DESHPANDE & AMIT B.BORKAR, JJ.
DATE         : MAY 02, 2022

ORAL JUDGMENT (Per : Amit B.Borkar, J.)

1.            Heard learned counsel Shri Nitesh Samundre for the

petitioner and learned Additional Public Prosecutor Mrs.N.R.Tripathi for

the State.   Admit.   Heard finally by consent of learned counsel for

respective parties.


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

Constitution of India, the petitioner challenges order dated 27.9.2021

                                                                   .....2/-
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passed by the Deputy Inspector General of Prisons, East Region, Nagpur

whereby the first application of the petitioner for grant of furlough leave

has been rejected on the ground that the petitioner is not eligible for

grant of furlough leave as per Rule 4(4) and 4(12) of the Prisons

(Bombay Furlough and Parole) Rules, 1959.


3.           The petitioner is convicted for offences punishable under

Sections 120(b), 109, and 302 of the Indian Penal Code and under

Section 3(1)(i), (ii), 3(2), and 3(4) of the Maharashtra Control of

Organized Crime Act, 1999 read with Sections 4 and 25 of the Arms Act

and the petitioner is undergoing imprisonment for life.


4.           According to learned Additional Public Prosecutor for the

State, by now, the petitioner has undergone almost eight years of

imprisonment.


5.           On 10.6.2021, the petitioner applied for grant of furlough

leave for the first time. Pursuant to the same, respondent No.2 called

for police report and on the basis of the said police report the order

impugned in the petition has been passed.


6.           On 28.3.2022, this Court issued Notices to respondents

and in pursuance to said Notices respondent No.2 filed is reply stating in



                                                                    .....3/-
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it that the police report is adverse to the petitioner and, therefore, the

petitioner is not eligible for grant of furlough leave as per Rules of 1959.


7.            Having considered      order    impugned, reply      filed   by

respondent No.2, and perused police report, we find that the police

report on the basis of which apprehension that the petitioner will misuse

the liberty if he is granted is lacking in details as to basic facts. Careful

perusal of the reply shows that villagers of village where the petitioner

intends to reside have no objections if the petitioner is released on

furlough leave. In such view of the matter, order rejecting application of

the petitioner for grant of furlough leave by respondent No.1 is not

justified. Hence, we pass following order:


                                  ORDER

(1) The criminal writ petition is allowed.

(2) Order dated 27.9.2021 passed by the Deputy Inspector

General of Prisons, East Region, Nagpur is hereby quashed

and set aide.

(3) The petitioner is directed to be released on furlough

leave on such terms and conditions as respondent No.1

deems fit and proper within a period of one week from the

.....4/-

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wp197.225

date of receipt of order of this Court.

The criminal writ petition stands disposed of accordingly.

            JUDGE                                     JUDGE
                Digitally signed
!! BRW !!       by BHUSHAN
                RANA
BHUSHAN         WANKHEDE
RANA            Date:
WANKHEDE        2022.05.02
                18:27:26
                +0530




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