Gagan Radhekant Mishra ( At Open Prison) v. The Superintendent Open Prison Nagpur

1 wp163.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.163/2025 Gagan Radhekant Mishra VS. The Superintendent, Open Prison, Nagpur Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.P.Chavhan, Advocate for petitioner Ms. N.R.Tripathi, APP for the respondent.

CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : FEBRUARY 17, 2025.

1.

Heard.

2.

The order dated 24th January, 2025 granting furlough leave is not given effect for want of furnishing surety.

3.

Our attention is invited to Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959 which carves out an exception to the condition of surety.

4.

In that view of the matter, we deem it appropriate to allow the petitioner thereby the condition of furnishing surety of Rs.10,000/- is quashed and set aside. However, the petitioner must comply with the rest of the conditions which are incorporated in the impugned order dated 24th January, 2025.

5.

The petition stands allowed in the aforeaid terms. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar