Bombay High CourtWP/61/2018dismissed

Satish S/O. Yadavrao Dhoke v. The Deputy Inspector General Of Prison (Eastern Region) Nagpur And Another

2018-04-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 61/2018 (Satish s/o Yadavrao Dhoke vs. The Deputy Inspector General of Prisons, (E) 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 .............................................................................................................................................. Mrs. M.S.Hiwase, Advocate ( appointed) for the petitioner Mr. I.J.Damle, Additional Public Prosecutor for respondents CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 16th April, 2018.

Heard.

By this Writ Petition, the petitioner challenges the order of the Deputy Inspector General of Prisons, Nagpur, dated 31.10.2017, rejecting the application of the petitioner for furlough leave.

The furlough leave application of the petitioner was rejected by invoking Rule 4 (13) of the Prisons (Bombay Furlough and Parole) Rules, 1959. As per the amended Rule 4 (13) of the Rules, a prisoner convicted for the offence of rape is not entitled to be released on furlough leave. The petitioner is not only convicted of the offence punishable under Section 376 of the Penal Code but one more offence punishable under Section 376 of the Penal Code is also pending against him. In the aforesaid set of facts, the respondents rightly apprehended that the

petitioner may be involved in similar crime. In any case, since the furlough leave cannot be availed by the petitioner in view of the provisions of Rule 4 (13) of the Rules, the Writ Petition is liable to be dismissed.

Hence, we dismiss the Writ Petition.

JUDGE JUDGE sahare