Bhumeshwar Madhavrao Bramhankar v. State Of Mah., Thr. Deputy Inspector General Prisons (Eastern Region) Nagpur And Another

criwp4.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 4/2020 PETITIONER :

Bhumeshwar Madhavrao Bramhankar (Convict No. 9187). Detained in Central Prison, Nagpur ...VERSUS...

RESPONDENTS: 1. The State of Maharashtra, through Deputy Inspector General, Prisons (Eastern Region), Nagpur.

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

---------------------------------------------------------------------------------------------- Ms. S.H.Bhatiya, Advocate for petitioner Ms. N.P.Mehta, APP for respondent nos.1 and 2 ---------------------------------------------------------------------------------------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 02/12/2020.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) .1] Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties. 2] The petitioner is aggrieved by the rejection of his application for grant of furlough leave. The rejection has taken place on the ground that the petitioner is a habitual violator of law in the sense that the petitioner haS formed the habit of not

criwp4.20.odt surrendering before the Jail Authorities on due dates after securing release either on furlough or parole.

3] On going through the impugned order and also the reply filed on behalf of the respondents, we find that no fault or no error could be noticed in the impugned order. There is a detailed chart of violations of the petitioner. This chart is not in dispute. It says that since the year 2006 till the year 2011, out of five occasions, the petitioner has committed breach on three occasions and the last breach was extended to a period of more than 4 years. 4] This record of the petitioner does not support his case. The petition, therefore, has no merit and deserves to be dismissed. The petition stands dismissed.

5] The legal remuneration of Rs.2,000/- (Rupees Two Thousand) be paid to the learned appointed counsel. 6] Rule discharged.

JUDGE JUDGE Rvjalit