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2013 DIGILAW 2492 (BOM)

Vitthal Sheshrao Gawali v. D. I. G. Prisons

2013-12-04

A.B.CHAUDHARI, Z.A.HAQ

body2013
JUDGMENT A.B. CHAUDHARI, J. :- Rule. Rule is made returnable forthwith. Learned Addl. Public Prosecutor Mrs. Tripathy waives service on behalf of both the respondents. 2. When confronted, that the sentence was awarded only on 3rd May, 2013, learned Adv., for the petitioner submitted that the petitioner as an under trial has also undergone imprisonment and total period of which comes to more than two years and, therefore, the petitioner will not be disabled from claiming furlough leave. 3. Learned Adv., for the petitioner further submits that the reasons furnished for refusing furlough are not germane. 4. Learned APP opposed the petition and argued that the petitioner has been recently convicted and sentenced and, therefore, could not have applied for furlough at least immediately after conviction. 5. We find that the petitioner has undergone imprisonment for more than two years, including that as under trial and, therefore, the date of conviction and award of sentence only would not be relevant but the actual imprisonment undergone by the prisoner would be relevant. That is the period of more than two years. That being so, we find the petitioner entitled to furlough leave. 6. We have seen the reasons refusing the furlough and we find that those are not specific, except the general statements. That being, so, we make the following order :- ORDER [a] Criminal Writ Petition No. 637 of 2013 is allowed. [b] The petitioner-prisoner shall be released on furlough for two weeks upon furnishing two sureties. 7. Fees payable to the learned Adv. Ms. Archana Ramteke [appointed] for the petitioner are quantified at Rs.1,000/- [rupees one thousand only]. Petition allowed.