Bombay High Court
Ajit Chandrakant Rane (In Jail) vs Deputy Inspector General Of Prison ... on 2 May, 2019
Author: Vinay Joshi
Bench: Z.A.Haq, Vinay Joshi
Judgment 1 wp234.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 234/2019
Ajit Chandrakant Rane,
Aged about 43 years,
R/o. Plot No. 303, Gajanan Krupa
Apartment, Katrap Road, Moreshwar
Society, Badlapur (East), Thane (Maharashtra)
(In Jail),
Convict No. C - 5014, Central Prison,
Amravati
.... PETITIONER
// VERSUS //
1] Deputy Inspector General of
Prison (East) Region, Nagpur
2] The Superintendent,
Central Prison, Amravati
.... RESPONDENT(S)
___________________________________________________________________
Ms. S.B. Khobragade, Advocate for the petitioner
Shri M.K. Pathan, APP for the respondents
___________________________________________________________________
CORAM : Z.A.HAQ & VINAY JOSHI, JJ.
DATED : 02/05/2019
ORAL JUDGMENT : (PER:- VINAY JOSHI, J.)
1] Heard.
2] RULE. Rule made returnable forthwith.
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Judgment 2 wp234.19.odt
3] Petitioner, a convict has applied for grant of furlough leave for
28 days. Petitioner's application was rejected by respondent no. 1 - D.I.G., Prisons, Eastern Region, Nagpur vide impugned order dated 28/01/2019. Said rejection is impugned herein.
4] Petitioner was convicted for offences punishable under Section 3 (4) of the Maharashtra Control of Organized Crime Act, 1999. Petitioner has undergone imprisonment for 10 years and 10 months till the date of applying for grant of furlough leave. Authority has rejected petitioner's application on the ground that proposed surety has shown reluctance to accept responsibility of petitioner. Moreover, there is adverse report against release of petitioner.
5] It reveals that though petitioner is undergoing imprisonment for offence under M.C.O.C. Act, however, he was earlier released on furlough as well as on parole leave. Reply affidavit discloses that each time petitioner has surrendered on due date. Therefore, petitioner's antecedents nowhere suggest that in case of release on furlough, there is possibility of abscondence. Since surety suggested by petitioner has not shouldered the liability, petitioner has proposed another surety. Concerned surety namely Bhikubhai Patel has shown his willingness to stand as surety and to take responsibility of petitioner. Revised police report dated 25/04/2019 equally indicates that new surety is capable of shouldering responsibility and is ready ::: Uploaded on - 04/05/2019 ::: Downloaded on - 08/04/2020 13:43:46 ::: Judgment 3 wp234.19.odt to stand as surety. In the circumstances, we find that there is no reason for rejection of petitioner's prayer for grant of furlough. 6] In the result, writ petition is allowed. Order dated 28/01/2019 passed by respondent no. 1 - D.I.G., Prisons Eastern Region, Nagpur is hereby quashed and set aside. Petitioner is entitled to release on furlough leave for a period of 28 days on such terms and conditions as the Authority shall deem fit and proper. If petitioner commits an act of misconduct or fails to return on due date or commits offence, the same shall affect his release on the next occasion.
7] Rule is made absolute in the above terms.
JUDGE JUDGE
Ansari
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