Bombay High Court
Amarsing Kawal Joshi (C-7250) vs The State Of Mah. Thr. The D.I.G. Prisons ... on 17 September, 2009
Author: D.D.Sinha
Bench: D.D.Sinha, P.B. Varale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.477 OF 2009
Amarsingh Kawal Joshi,
Convict No. C-7250, Central
Prison, Nagpur. ... Petitioner
- Versus -
1) The State of Maharashtra, through
the D.I.G. Prisons (E)(R), Nagpur.
2) The Superintendent, Central
Prison, Nagpur. ... Respondents
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Ms. Tajwar Khan, Advocate for the petitioner.
Shri S.J. Jichkar, Additional Public Prosecutor for the
respondents.
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CORAM : D.D.SINHA AND P.B. VARALE, JJ.
DATED : SEPTEMBER 17, 2009
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ORAL JUDGMENT (PER D.D.SINHA, J.) :
Rule returnable forthwith. Heard finally by consent of Ms. Tajwar Khan, learned Counsel for the petitioner, and Shri Jichkar, learned Additional Public Prosecutor for the respondents.
2) The petition is directed against the order dated 27.12.2008 passed by the competent Authority whereby request of the petitioner for grant of furlough leave came to be rejected on the ground that release of the petitioner is likely to affect the public peace and tranquility, in view of Rule 4(4) of the Prison (Bombay Furlough and Parole) Rules, 1959.
3) We have considered the rival contentions of the learned Counsel for the parties. It is not in dispute that the petitioner is availing the furlough leave for the first time after his conviction. Similarly, there is nothing on ::: Downloaded on - 02/08/2016 16:44:11 ::: 3 record to show that activities of the petitioner at any point of time were prejudicial to the law and order or public peace and tranquility. In the circumstances, apprehension expressed by the competent Authority appears to be premature at this stage. At the same time, interest of the State will be protected, if certain conditions are imposed on the petitioner while releasing him on furlough leave.
4) For the reasons stated hereinabove, the impugned order dated 27.12.2008 passed by the competent Authority is hereby quashed and set aside.
The respondents are directed to release the petitioner on furlough leave for a period of two weeks after following the procedure applicable in this regard. The petitioner is directed to visit Lalbagh Police Station, District Rajnandgaon twice a week during the period of furlough leave. The petitioner is further directed to surrender before the Jail Authorities on due date. The ::: Downloaded on - 02/08/2016 16:44:11 ::: 4 Superintendent of Central Prison, Nagpur is directed to be in touch with the Police Authorities of Lalbagh Police Station, District Rajnandgaon and if it is brought to his notice that petitioner has committed breach of the conditions, in that event, the Superintendent of Central Prison with the help of Police Authorities shall apprehend the petitioner and bring him back to the prison.
5) The rule is made absolute in the above terms.
No order as to costs.
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