Bombay High Court
Pawan S/O Mohan Gedam (C/ 10287) vs Deputy Inspector General (Prision) ... on 15 December, 2023
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2023:BHC-NAG:17340-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.749 OF 2023
Pawan s/o Mohan Gedam (C/10287)
aged about 37 years, Occ. Labour, R/o
Rama Nagar, Jaistamb Squire, Kamptee,
Tah. & Dist. Nagpur.
... PETITIONER
VERSUS
1. Deputy Inspector General (Prisons),
Nagpur.
2. The Superintendent Central Prison,
Nagpur.
... RESPONDENTS.
_____________________________________________________________
Shri S.B. Khobragade, Advocate for the petitioner.
Mrs. Tripathi, Addl.P.P. for the State
______________________________________________________________
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 15.12.2023.
ORAL JUDGMENT : (Per : Vinay Joshi, J.)
RULE. Rule made returnable forthwith.
2. The matter is taken up for final disopsal by consent of the
learned Counsel appearing for the parties.
3. The petitioner has been convicted for the offence
punishable under Sections 302, 147, 148, 149 read with Section 34 of
the Indian Penal Code. The petitioner has served the sentence of 9
years and 3 months. The petitioner has applied for furlough however
respondent no.1 Deputy Inspector General (Prisons), Nagpur has
rejected the same vide impugned order dated 04.05.2023. It has been
stated that if the petitioner is released on furlough, there is likelihood
of danger to his life and there would be law and order problem. Besides
that it has been stated that in the year 2015, the petitioner was
released on furlough, however he did not return on due date. The
petitioner was brought back by way of arrest after 1051 days and thus,
he is not entitled.
4. The State has also filed an affidavit-in-reply reiterating the
same stand.
5. The learned Counsel for the petitioner would submit that
the petitioner has earlier applied for grant of furlough leave, which was
rejected. The petitioner has challenged the said order of rejection in
Criminal Writ Petition No.454 of 2021. Similarly, the said petition was
resisted on account of non-surrender on due date and arrest after 1051
days. Considering the said grounds, this Court has rejected the
petitioner's urge however has granted him liberty to apply fresh for
furlough after lapse of 18 months.
6. In pursuance of said liberty, the petitioner has applied after
18 months to the Authority for grant of furlough leave. The instance
quoted about 'non-surrender on due date' was of the year 2015. This
Court has considered the said aspect earlier and expressed that after 18
months, the prayer can be renewed. Though the petitioner has
defaulted in surrendering however considerable time has been lapsed.
On earlier occasion though the petitioner surrendered late, no crime
was registered.
7. For the same reason, the petitioner cannot be deprived from
availing furlough, which has a social purpose. Having regard to the
long duration from the last lapse, we deem it appropriate to exercise
our judicial discretion.
8. In view of that, the petition is allowed. We hereby quash
and set aside the impugned order dated 04.05.2023 passed by the
respondent no.1. The petitioner shall be released on furlough leave by
imposing appropriate conditions. Necessary order be passed within four
weeks from today.
9. Rule is made absolute. No order as to costs.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 19/12/2023 11:06:06
