Sheikh Saddam Sheikh Mehboob v. Deputy Inspector General (Prisons)(East), Nagpur And Another

46WP 111.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 111 OF 2021 (Sheikh Saddam Sheikh Mehboob, Amravati Vs. Deputy Inspector General (Prisons) (East) Nagpur & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri D.R. Upadhyay, Advocate (appointed) for the petitioner.

Mrs. K.S. Joshi, Incharge Public Prosecutor for the respondents.

.....

CORAM : DIPANKAR DATTA, C.J. & PUSHPA V. GANEDIWALA, J.

FEBRUARY 01, 2021.

PC :- The petitioner's prayer for grant of furlough has been rejected by the order dated July 25, 2020 of the Deputy Inspector General of Prisons, East, Nagpur, on the ground that he could not provide a suitable surety.

2.

We have perused the impugned order and heard learned Advocates appearing for the parties.

3.

Rule 6 of the PRISONS (Bombay Furlough and Parole) Rules, 1959 does require a suitable surety to be provided by the applicant seeking furlough. There being no legal infirmity in

46WP 111.2021 the impugned order, question of interference does not arise.

4.

However, since it is admitted at the bar by the learned Incharge Public Prosecutor that the petitioner is otherwise eligible for release, the Deputy Inspector General of Prisons, East, Nagpur, shall be at liberty to consider the petitioner's prayer if he complies with rule 6 of the said Rules of 1959.

5.

The Writ Petition is disposed of, without any order for costs.

(PUSHPA V. GANEDIWALA, J.) (CHIEF JUSTICE) Sumit