Chhatrapati Janrao Sonone v. D. I. G. Prisons (E) (R), Nagpur
2013-12-04
A.B.CHAUDHARI, Z.A.HAQ
body2013
DigiLaw.ai
Judgment : Z.A. HAQ, J. :- Rule. Rule is made returnable forthwith. Learned Addl. Public Prosecutor Mrs. Tripathy waives service on behalf of both the respondents. 2. The petitioner challenges the order passed by the respondents refusing the application for grant of furlough, on the ground that looking to the incidents which had taken place in past, there is possibility of a dispute amongst the rival groups of the family. 3. We have heard the learned Adv., for the petitioner and learned APP for the respondents, and have examined the documents placed on record. 4. We feel that the reason given by the respondents for rejecting the application is based on apprehension only without there being any sufficient material on record, to enable the respondents to reach to the conclusion. The right of the petitioner for grant of furlough cannot be refused on mere apprehensions. Therefore, we are of the view that the impugned order is not sustainable and it has to be quashed. We accordingly pass the following order : ORDER [a] Writ Petition is allowed. [b] The impugned order is quashed. [c] The respondents are directed to release the petitioner on furlough for a period of two weeks on furnishing two sureties by the petitioner. [d] The petitioner shall report to the concerned Police Station on the seventh day of his release; failing which he will not be entitled to continue on the furlough for the remaining period. 5. Fees payable to the learned Adv. Ms. Radha Mishra [appointed] for the petitioner are quantified at Rs. 1,000/- [rupees one thousand only]. Petitions allowed.