Bombay High Court
Rama Kishor Sahakar (In Jail) vs Deputy General Inspector Of Prison, ... on 18 September, 2018
Author: R. K. Deshpande
Bench: R. K. Deshpande
1 criwp340.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 340 OF 2018
Rama Kishor Sahakar (Shahakar),
aged about 35 years, R/o. Khushi Nagar,
Plot No. 671, Galli No.4,
Jaripatka, Nagpur
(C/7537, Central Prison, Nagpur)........ PETITIONER
...VERSUS...
1] Deputy General Inspector of
Prison, Eastern Region, Nagpur.
2] Superintendent of Jail,
Central Prison, Nagpur. ...... RESPONDENTS
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Ms S.B.Khobragade, Advocate for petitioner.
Ms Nandita Dubey, APP for Respondent Nos. 1 and 2
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CORAM: R. K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
th
DATE : 18 SEPTEMBER,
2018.
ORAL JUDGMENT (per Court)
1] Rule.
Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The petitioner who is prisoner of conviction for ::: Uploaded on - 21/09/2018 ::: Downloaded on - 22/09/2018 00:43:25 ::: 2 criwp340.18.odt the offence under Section 302 read with Section 34 of the Indian Penal Code was released on six occasions on furlough and parole leave. The petitioner did not surrender himself on due dates, but he was required to be brought back by way of arrest on several occasions. Placing reliance upon Rules 4(6) and 4(10) of the Bombay (Furlough and Parole) Rules, it is urged that the conduct of the petitioner was not found to be satisfactory in reporting late to the prison and therefore, the furlough leave claimed was rejected. Lastly, the petitioner was released on parole leave on 05.02.2015 and he surrendered himself late by 33 days i.e. on 21.03.2015. Since then the petitioner is not released either on parole or furlough leave.
3] We do not find that there is a concrete ground available to deny the release of the petitioner on furlough leave on the ground of public peace and tranquility. There is no material placed in support of it. The condition can be imposed upon the petitioner to ensure his return to the prison upon grant of furlough leave. The petitioner shall report Jaripatka Police Station, Nagpur, on every alternate day during the period of his furlough leave. The authorities shall ::: Uploaded on - 21/09/2018 ::: Downloaded on - 22/09/2018 00:43:25 ::: 3 criwp340.18.odt be at liberty to impose such other condition as they deem fit and proper. The question of late surrender by the petitioner on earlier occasion can be considered while deciding the issue of remission of sentence.
4] In the result, this writ petition is allowed. The petitioner shall be entitled to be released on furlough leave on such terms and conditions as the authority shall deem fit and proper to impose. The petitioner, as we have already observed, shall report the Jaripatka Police Station, Nagpur, on every alternate day during the period of his furlough leave. If the petitioner fails to report back to the prison on due date, his further right to furlough or parole leave for a period of two years shall stand forfeited.
5] Rule is made absolute in above terms. No order as to costs.
JUDGE JUDGE
Rvjalit
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