Bombay High Court
Amit Ashok Shinde (In Jail) vs State Of Maharashtra Thr. Deputy ... on 11 January, 2018
Bench: R. K. Deshpande, M.G.Giratkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 1069 OF 2017
Amit Ashok Shinde,
Convict No. C/7840
Aged 31 years, Occ. Nil,
Confined at Central Prison, Nagpur........ PETITIONER
...VERSUS...
1] State of Maharashtra through
Deputy Inspector Gender of Prison,
Eastern Region, Nagpur.
2] The Superintendent,
Central Prison, Nagpur ...... RESPONDENT
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Ms. S.D.Wankhede, Advocate for the petitioner.
Shri K.R.Lule, A.P.P for respondents
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CORAM: R. K. DESHPANDE AND
M.G.GIRATKAR, JJ.
th
Date : 11 JANUARY, 2018 .
JUDGMENT (P.C.)
Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2] The challenge in this petition is to the order dated 31.10.2017 passed by the Deputy Inspector General of Prison, Eastern Region, Nagpur, refusing to grant the ::: Uploaded on - 11/01/2018 ::: Downloaded on - 12/01/2018 02:23:53 ::: 2 criwp1069.17.odt petitioner furlough leave for 28 days to visit his family members.
3] In response to the petition, reliance is placed on Rule 4(13) of the Prisons (Bombay Furlough and Parole) Rules, and it is urged that the petitioner was convicted for the offence of decoity and therefore, he shall not be entitled to grant of furlough leave.
4] No doubt that the petitioner was convicted for the offence punishable under Sections 120-B, 302, 394, 397 of Indian Penal Code by the learned Sessions Judge, Sindhudurg in the year 2003. The Apex Court converted the sentence to rigorous imprisonment for life on 27.02.2014. The petitioner has undergone an imprisonment for a period of 13 years, 7 months and 18 days. The petitioner was released on furlough leave on 3 occasions after 27.02.2014 and on parole leave also on 3 occasions after 27.02.2014. On all the occasions, the petitioner has reported in the prison on due dates. Though it is not clear either from the petitioner or from the reply as to whether the petitioner has completed the sentence for the offence of decoity, we can raise such ::: Uploaded on - 11/01/2018 ::: Downloaded on - 12/01/2018 02:23:53 ::: 3 criwp1069.17.odt presumption for the reason that the petitioner was released on furlough and parole subsequently after 27.02.2014. We, therefore, do not find substance in the stand taken by the respondents.
5] In the result, writ petition is allowed. The order dated 31.10.2017 passed by the Deputy Inspector General of Prisons is hereby quashed and set aside. The petitioner is held entitled to be released on furlough leave for a period of 28 days on such terms and conditions as the authorities concerned deems fit and proper to impose and also to secure the presence of the petitioner in prison on the due date. The petitioner shall be released on 15.01.2018. No order as to cost.
JUDGE JUDGE
Rvjalit
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