Nandu @ Devanand Keshavrao Budhbaware ... vs Deputy Inspector General Of Prison, ... on 27 July, 2016

[Cites 1, Cited by 2]

Bombay High Court

Nandu @ Devanand Keshavrao Budhbaware ... vs Deputy Inspector General Of Prison, ... on 27 July, 2016

Author: B.R.Gavai

Bench: B.R.Gavai, V.M.Deshpande

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                        
                           NAGPUR BENCH, NAGPUR


                     CRIMINAL WRIT PETITION NO.482 OF 2016.




                                                       
       PETITIONER:            Nandu @ Devanand Keshavrao
                                 Budhbaware, aged about 34 years,




                                           
                                 Convict No.C-6522.
                             
                                         : VERSUS :

       RESPONDENTS: 1.   The D.I.G.Prison (E)(R), Central Prison,
                            
                        District  Nagpur.

                                  2.  The Superintendent of Jail, 
                                      Central Prison, Nagpur.
      


       -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
   



       Ms.S.B.Khobragade, Advocate for the petitioner.
       Mrs.N.R.Tripati, Addl.Public Prosecutor for the respondents.
       =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-





                                      CORAM:      B.R.GAVAI AND 
                                                             V.M.DESHPANDE, JJ.
                                          DATED:      27th JULY, 2016.





       ORAL JUDGMENT (Per B.R.Gavai, J.)

1. Rule. Rule is made returnable forthwith. Heard by consent of learned counsel for both the parties.

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2. By way of present Criminal Writ Petition, the petitioner has prayed for issuance of directions to respondent no.1 to release him on furlough leave for 14 days. The application of petitioner for grant of furlough leave was rejected by the Competent Authority on the ground of adverse police report that, on the last occasion when petitioner was released on parole leave, he was required to be arrested by police and was brought back to the Prison.

3. In view of decision of this Court in the case of Murlidhar Ramchandra Bhalerao ..vs.. State of Maharashtra and anr. reported in 2011 ALL MR (Cri) 2132 and the decision of the Division Bench of this Court in Writ Petition No.224 of 2013 (Ramdas Vishwanath Marsinge ..vs.. The DIG Prisons (E)(R), Nagpur and anr.) and Writ Petition No.222 of 2013 (Raju Dhananu kosekar ..vs.. The DIG Prisons (E)(R), Nagpur and anr.), decided on 25th of June, 2013, if the Convict is released on ::: Uploaded on - 29/07/2016 ::: Downloaded on - 30/07/2016 00:31:43 ::: cwp482.16 3 furlough or parole leave and he is required to be arrested for securing his presence in the custody, he is not entitled to be released on furlough.

4. In that view of the matter, no case is made out. Hence, the Criminal Writ Petition is dismissed.

                      JUDGE                                              JUDGE
      
   



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                      -CERTIFICATE-

I certify that this Order uploaded is a true and correct copy of original signed order.

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Uploaded on: 29/07/2016.

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