Shakeel Mohammad Nasir Mohammad Sheikh (In Jail) v. Deputy Inspector General (Prisons) East, Nagpur And Another

04.04.wp.56.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 56/2016 (Shakeel Mohd. Nasir Mohd. Sheikh vs. The DIG Prisons (E) (R) Nagpur and another ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Ms. Neerja Chaubey, Adv. for petitioner Ms.S.S. Jachak, APP for respondent nos.1 & 2 CORAM : B.R.GAVAI & Mrs. SWAPNA JOSHI, JJ.

DATED : 4th April, 2016.

Heard.

The application for furlough was rejected by the respondent no.1 on the ground that when the petitioner was released earlier on parole for a period of 20 days on 12th June 2012, he did not surrender himself and the police machinery was required to be set in motion for securing his presence. The petitioner was accordingly brought back to jail after a period of 595 days. No justification whatsoever for not surrendering within the stipulated time, is given. In that view of the matter, we do not find that the discretion exercised by the authority warrants interference. Criminal Writ Petition is rejected. JUDGE JUDGE sahare