Lakhan Padam Devkar (C-5394) vs Special Police Inspector General ...
2024 Latest Caselaw 2230 Bom

Bombay High Court

Lakhan Padam Devkar (C-5394) vs Special Police Inspector General ... on 24 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:1077-DB
                                                                      16.wp764.2023jud.odt




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

                       CRIMINAL WRIT PETITION NO. 764 OF 2023

          Lakhan Padam Devkar (C-5394)
          Aged about 40 years, Occ.: NA,
                                                           ... Petitioner
          R/o. Shivaji Nagar, P.O. Thane,
          Distt. Thane.
                          Versus
          1. Special Police Inspector
          General (Prison)
          East Region, Nagpur.
          2. Superintendent of Jail,
          Central Prison, Amravati.                      ... Respondents

          Mrs. Ratna Singh, Advocate for petitioner.
          Ms. Nandita Tripathi, APP for respondent Nos.1 & 2.

                                        CORAM :    VINAY JOSHI, AND
                                                   SMT. VRUSHALI V. JOSHI, JJ.
                                        DATE   :   24.01.2024

          ORAL JUDGMENT: (PER: Vinay Joshi,J)

Rule. Rule made returnable forthwith. Heard finally

by consent of both the learned counsel for the parties.

(2) The petitioner has applied for grant of furlough

leave, however, vide impugned order dated 11.09.2023, it has been

rejected. The reason for rejection is that while the petitioner was

earlier released on special COVID parole leave in 2021, he surrendered

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16.wp764.2023jud.odt

late by 26 days. Besides that no other reason has been canvassed for

rejection. Perhaps the rejection is on account of Rule 4(10) of the

Prisons (Bombay Furlough and Parole) Rules, 1959.

(3) The petitioner has been in jail for five years and five

months, this was only a lapse pointed out by the authority. Moreover,

it is submitted that while prisoners were released on Covid Parole

leave, no specific date of return was intimated. Having regard to all

the above facts, we see no justification in rejection, hence, the

following order : -

ORDER

(i) Criminal petition is allowed and disposed of.

(ii) We hereby direct the respondent to pass appropriate

order of releasing the petitioner on furlough leave by

imposing necessary conditions as the authority may deem

fit.

(iii) Necessary order be passed within four weeks from

today.

[VRUSHALI V. JOSHI, J.] [VINAY JOSHI, J.]

Prity

Signed by: Mrs. Prity Gabhane PAGE 2 OF 2 Designation: PA To Honourable Judge Date: 29/01/2024 11:02:52