Bombay High Court
Ajaj Khan Jabaz Khan(In Jail) vs Deputy Inspector General ... on 8 April, 2019
Author: Vinay Joshi
Bench: Z. A. Haq, Vinay Joshi
1 10jgcwp34.19 .odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Criminal Writ Petition No. 34/2019
PETITIONER:- Ajaj Khan Jabaz Khan,
Convict No. C/4236,
Presently at Central Prison, Amravati.
VERSUS
RESPONDENTS: 1. Deputy Inspector General (Prisons)
(East), Nagpur.
2. The Superintendent,
Central Prison, Amravati.
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Shri Mir N. Ali, Advocate for petitioner.
Shri T.A. Mirza, APP for respondent Nos. 1 to 2.
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CORAM: Z. A. HAQ AND
VINAY JOSHI, JJ.
DATE OF JUDGMENT :- 08.04.2019
JUDGMENT (PER VINAY JOSHI, J.)
Heard.
2. Rule. Rule made returnable forthwith.
3. The petitioner applied for grant of furlough leave for 21 days, which was rejected by respondent No. 1 - Deputy Inspector ::: Uploaded on - 09/04/2019 ::: Downloaded on - 10/04/2019 01:47:09 ::: 2 10jgcwp34.19 .odt General (Prisons) (East), Nagpur. The said order is subject matter of challenge in this criminal writ petition.
4. The petitioner is convicted for the offence punishable under Sections 302, 307, 147, 148, 149 of the Indian Penal Code. He has undergone imprisonment for 4 years and 7 months till the date of applying for furlough leave. The Authorities rejected furlough leave on the ground that, on earlier release on furlough leave, petitioner was late by 490 days. The learned APP submitted that in view of Rule 4(10) of the Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner is not entitled for furlough leave in view of late surrender.
5. The record indicates that earlier, petitioner was released on parole leave in the year 2012, at that time he surrendered late. It is pointed out that subsequently, petitioner applied for furlough leave which was rejected. The petitioner had challenged the said rejection and this Court had set aside the order of rejection dated 21 st July, 2017 and granted him furlough leave. Then, also by virtue of order dated 27 th June, 2018, this Court granted marriage parole leave to petitioner. On both these occasions, petitioner surrendered himself before due date. Considering the subsequent conduct of the petitioner, we deem it appropriate to release him on furlough as claimed. Moreover respondent has not pointed out any other reason to reject the ::: Uploaded on - 09/04/2019 ::: Downloaded on - 10/04/2019 01:47:09 ::: 3 10jgcwp34.19 .odt application.
6. In conclusion, we allow writ petition and set aside the impugned order dated 27th April, 2018 passed by the respondent No. 1 - Deputy Inspector General (Prisons) (East), Nagpur. The petitioner is held entitled to be released on furlough for 21 days, on such terms and conditions as the Authorities shall deem fit and proper. In case petitioner surrenders late, he will not be entitled for furlough leave for period of next two years.
Rule is made absolute in the aforesaid terms. No order as to costs.
JUDGE JUDGE
Gohane
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