Ajit S/o. Chandrakant Rane v. Dy. Inspector General of Prison, (East Region), Nagpur
2021-06-10
AMIT B.BORKAR, V.M.DESHPANDE
body2021
DigiLaw.ai
JUDGMENT : V. M. DESHPANDE, J. 1. Hearing was conducted through Video Conferencing and 2. Rule. Rule is made returnable forthwith. Heard finally by learned counsel agreed that the audio and visual quality were proper consent of the parties and also perused affidavit-in-reply filed on behalf of the respondent no. 2. 3. The petitioner, who is a convict, filed one application before respondent no. 2 to release him on furlough. The said application was rejected by respondent no. 1 i.e. Deputy Inspector General of Prison (East Region), Nagpur on 08.07.2020. Against the said, the present Writ Petition is filed. 4. Shri S. M. Ghodeswar, learned A.P.P. for respondents/State vehemently opposed the grant of furlough. Alongwith the reply, at page no. 17 of the compilation, the State has filed a chart showing on how many occasions the petitioner was released either on furlough or parole. From the chart it appears that in the year 2014, the petitioner was released on furlough vide order dated 10.01.2015 and the chart itself shows that on the due date i.e. on 08.02.2015 the petitioner surrendered himself before the jail authority. On the second occasion in the year 2014 itself, the petitioner was released on parole vide order dated 11.02.22015 by the authority and as per the chart, on 13.05.2015 i.e. on due date the petitioner surrendered himself before the jail authority. Lastly, when the petitioner’s application for furlough leave was rejected, he approached this Court by filing Writ Petition No. 234/2019 and this Court (Coram: Z. A. Haq and Vinay Joshi, JJ) vide judgment dated 02.05.2019 allowed the Writ Petition and ordered that he be released on furlough and accordingly as per the chart, the petitioner was released on 04.07.2019 and he himself surrendered on the due date on 02.08.2019. 5. It is not in dispute that the petitioner is entitle for furlough leave. 6. Looking to previous conduct of the petitioner that he himself surrendered on due dates before the jail authority, in our view the petitioner can be released on furlough. 7. Hence, we pass following order:- (i) The order dated 08.07.2020 passed by respondent no. 1 is hereby quashed and set aside. (ii) The respondent no. 1 is directed to release the petitioner on furlough leave for a period of 28 days on such terms and conditions as the authority shall deem fit and proper.
7. Hence, we pass following order:- (i) The order dated 08.07.2020 passed by respondent no. 1 is hereby quashed and set aside. (ii) The respondent no. 1 is directed to release the petitioner on furlough leave for a period of 28 days on such terms and conditions as the authority shall deem fit and proper. (iii) It is made clear that if the petitioner commits an act of misconduct or fails to return on the due date or commits any offence, it shall affect his release in future. With these observations, the Writ Petition is allowed and disposed of. No cost.