Bombay High Court
Krushnaswami Narsinghswami ... vs Deputy Inspector General Of Prison ... on 9 July, 2018
Author: R.K. Deshpande
Bench: R.K. Deshpande
wp456.18.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.456/2018
PETITIONER: Krushnaswami Narsinghswami Wangipuram
Aged about 73 years, R/o Kothari
Automobile Swami Compound, near
Head Post Office, Infront of Water
Tank, Civil Lines, Chandrapur,
(C/8720, Central Prison, Nagpur).
...VERSUS...
RESPONDENTS: 1. Deputy Inspector General of Prison
(East Region), Nagpur.
2. Superintendent of Jail, Central Prison, Nagpur.
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Ms S.B. Khobragade, Counsel for petitioner
Shri H.R. Dhumale, APP for respondents
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CORAM : R.K. DESHPANDE AND
ARUN D. UPADHYE, JJ.
DATE : 09/07/2018
ORAL JUDGMENT (PER : R.K. DESHPANDE, J.)
1. Rule, made returnable forthwith. By consent, the writ petition is heard finally.
2. The challenge is to the order dated 16/4/2018 passed by the Deputy Inspector General of Prison (East Region), Nagpur Division, Nagpur rejecting the application of the petitioner for grant of furlough ::: Uploaded on - 09/07/2018 ::: Downloaded on - 10/07/2018 01:48:09 ::: wp456.18.odt 2 leave for a period of 28 days. The reliance is placed upon Rule 4 (11) of the Prisons (Bombay Furlough and Parole) Rules alleging that the appeal against the conviction for the offence punishable under Sections 302, 120-B read with 34 of Indian Penal Code is pending.
3. It is not in dispute that this Court has set aside the provision of Rule 4 (11) of the Prisons (Bombay Furlough and Parole) Rules on which ground the furlough leave was rejected.
4. In view of the above, the writ petition is allowed. The order dated 16/04/2018 passed by the Deputy Inspector General of Prison (East Region), Nagpur Division, Nagpur is hereby quashed and set aside. The respondents are directed to reconsider the application of the petitioner for grant of furlough leave within a period of seven days from today and pass appropriate orders thereon.
Rule is made absolute in the aforesaid terms. No order as to costs.
(Arun D. Upadhye, J.) (R.K. Deshpande, J.)
Wadkar, P.S.
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