Bombay High Court
Bharat Shamrao Koli(In Jail) vs Deputy Inspector General Of ... on 15 July, 2019
Author: Pushpa V. Ganediwala
Bench: P.N. Deshmukh, Pushpa V. Ganediwala
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 1157/2018
Bharat Shamrao Koli,
Aged about 22 yrs.,
R/o Thane
(C/10105, Central Prison, Nagpur)
.... APPLICANT
VERSUS
1. Deputy Inspector General of Prison
(East Region)
Nagpur
2. Superintendent of Jail,
Central Prison,
Nagpur
... RESPONDENTS
______________________________________________________________
Ms. S.B. Khobragade, Advocate for the petitioner
Mrs. N.R. Tripathi, A.P.P. for State
______________________________________________________________
CORAM:- P.N. DESHMUKH AND
SMT. PUSHPA V. GANEDIWALA, JJ.
DATED :- 15/07/2019
ORAL JUDGMENT (Per Smt. Pushpa V. Ganediwala, J.) :
Rule. Rule is made returnable forthwith. Heard finally with the consent of both the parties.
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2. The order of rejection dated 20/10/2018 rejecting furlough leave to the petitioner by respondent no. 1 is challenged in this petition.
3. We have heard Ms. Khobragade, learned Counsel for the petitioner and Mrs. Tripathi, learned A.P.P. for the State.
4. The furlough leave to the petitioner is rejected mainly on the ground of adverse police report. Perusal of the impugned police report indicates that the complainant Shri Shashikant Gulab Jagtap, the brother of the deceased expressed apprehension of danger to his family, if the petitioner / life convict is released on furlough.
5. We have considered the submissions on behalf of both the sides. In this regard, the judgment of the Gujarat High Court in the case of Bhikhabhai Devshi vs. State of Gujarat & Ors., reported in AIR 1987 Gujarat 135 Full Bench, is relevant and in this judgment, it is held that the parole and furlough rules are part of the penal and prison system with a view to humanise the prison system. The objects of such a release of prisoner are mentioned in the judgment, which are as below :
(i) to enable the inmate to maintain continuity with his family life and deal with the family matters
(ii) to save the inmate from the evil effects of continuous prison life
(iii) to enable the inmate to maintain constructive hope and active interest in the life
6. In the case in hand, the petitioner is a life convict and has already undergone more than four years of imprisonment till date. He is otherwise entitled for furlough leave. In our opinion, the ::: Uploaded on - 16/07/2019 ::: Downloaded on - 17/07/2019 01:28:34 ::: 3 wp1157.18 vague and general nature of apprehension of danger without any support, to the family of the complainant in the crime, which resulted in conviction of the petitioner for life imprisonment, furlough leave to the petitioner cannot be refused. Except this, there is no other ground mentioned either in the police report or in the affidavit-in-reply filed on behalf of the respondents. We are, therefore, inclined to allow this Criminal Writ Petition and accordingly the same is allowed. Hence, we pass the following order :
ORDER
i) Petitioner be released on furlough leave as per rules of the Prisons (Bombay Furlough and Parole) Rules, 1959, with such conditions as may be found appropriate to the respondents.
ii) Criminal Writ Petition stands disposed of. Rule is made absolute in the aforesaid terms.
JUDGE JUDGE
D.S.Baldwa
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