Bombay High Court
Sanjay Aabha Dengle (In Jail) vs State Of Maharashtra Thr. Deputy ... on 25 November, 2019
Author: M. G. Giratkar
Bench: Z.A. Haq, M. G. Giratkar
1 cri. w.p. 1151.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No. 1151 of 2018
[Sanjay Aaba Dengle Vs. State of Maharashtra through Deputy Inspector General of Prison,
Eastern Region, Nagpur and anr.]
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Ms. S. D. Wankhede, Advocate for the petitioner
Shri A. D. Sonak, APP for the State/respondents
CORAM : Z. A. HAQ AND
M. G. GIRATKAR, JJ.
DATE : 25/11/2019
Heard.
2. The petitioner is convicted for the offence
punishable under Section 395 and Section 120-B of the Indian Penal Code and is undergoing sentence. The application of the petitioner for grant of furlough leave is rejected in view of Rule 4(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959 which lays down that prisoners convicted for offences under Sections 392 to 402 (both inclusive) of the Indian Penal Code are not entitled for furlough leave.
3. Learned Advocate for the petitioner submitted that prisoners who are not entitled for furlough leave as per Rule 4(13) are granted furlough leave. This submission cannot be accepted to consider the entitlement of the petitioner for grant of furlough leave, overlooking the bar created by Rule 4(2) of the Prisons (Bombay Furlough and Parole) Rules. We find that the impugned orders are ::: Uploaded on - 26/11/2019 ::: Downloaded on - 27/11/2019 01:05:37 ::: 2 cri. w.p. 1151.2018.odt proper and cannot be faulted with. Hence, the writ petition is dismissed.
JUDGE JUDGE
wasnik
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