Ajit Jagdish Nair vs Special Police Inspector General ...
2024 Latest Caselaw 2771 Bom

Bombay High Court

Ajit Jagdish Nair vs Special Police Inspector General ... on 30 January, 2024

Author: Vinay Joshi

Bench: Vinay Joshi

2024:BHC-NAG:1233-DB
                                                                         921.wp873.2023jud.odt




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

                       CRIMINAL APPLICATION (APL) NO. 873 OF 2023

           Ajit Jagdish Nair (C-5851)
           Aged about 36 years,
           Occ.: NA, R/o Lohgaon,                              ... Applicant
           Pune

                           Versus
           1. Special Police Inspector General
           Prison (East Region), Nagpur

           2. Superintendent of Jail,
           Central Prison, Amravati.                         ... Non-applicants

          Mrs. Ratna Singh, Advocate for applicant.
          Mrs. Nandita Tripathi, APP for non-applicant Nos.1 & 2.


                                        CORAM :        VINAY JOSHI, AND
                                                       SMT. VRUSHALI V. JOSHI, JJ.
                                        DATE     :     30.01.2024


          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 seeks to quash impugned

communication dated 07.10.2023, by which, furlough leave has been

rejected on account of late surrender.

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921.wp873.2023jud.odt

(3) The State resisted the petition by filing reply. It is

stated that when the petitioner was released on special furlough leave

on account of the Covid-19 pandemic situation, he surrendered late by

20 days. Besides that, no other ground has been canvassed.

(4) The petitioner has been in jail for last eleven years

and seven months. The petitioner was earlier released on

furlough/parole, however, there is no complaint about late surrender

except release on parole Covid-19 pandemic situation. It is stated that

while releasing the petitioner on special Covid-19 parole leave, no

specific date of return was given. Moreover, we have taken a note that

after 20 days, the petitioner on a call of police went to Police Station

and was then, taken into custody. Having regard to the past conduct,

the denial is fully unjustifiable.

(5) In view of that, the petition is allowed. We hereby

quash and set aside the impugned communicated dated 07.10.2023.

We direct the authority to pass an appropriate order for the grant of

furlough leave as permissible under law on necessary conditions which

authority may deem fit.

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921.wp873.2023jud.odt

(6) Necessary order shall be passed within four weeks

from the date of receipt of communication.

(7) The petition stands disposed of in above terms.

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


                     Prity




Signed by: Mrs. Prity Gabhane                                                         PAGE 3 OF 3
Designation: PA To Honourable Judge
Date: 01/02/2024 11:05:47