Vikramsingh Ramsingh Mungona (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

1 wp211-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.211 of 2015 Vikramsingh Ramsingh Mungona ( In Jail) -Versus - D.I.G. Prison (E) (R ), Nagpur and one another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Ms. Geeta Tiwari, Advocate (appointed) for petitioner. Ms. P.D. Rane, APP for respondents CORAM : A.B.CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : 15th April, 2015.

1.

The petitioner has approached this court being aggrieved by the rejection of his furlough leave for the purpose of visiting his family. 2.

Heard learned counsel for both the sides. Perused the affidavitin-reply filed by the respondents. We have noted that the petitioner is undergoing life imprisonment for the offence punishable under sections 302, 307, 149 of IPC vide judgment dated 31.12.2011. He claimed for furlough leave which was rejected on considering his past record as earlier when petitioner was released on furlough and parole leave respectively, he did not surrender on due dates and surrendered late by 46 days and 157 days respectively. We have noted that on the last occasion when petitioner was on parole leave, he surrendered late on 19.3.2013 while he was released on 12.9.2012. In that view of the matter, we find no reason to interfere with the impugned order passed by the competent authority rejecting the application for grant of furlough leave. However, we grant liberty to petitioner to approach the State Government against rejection of impugned order and dispose of the petition as per order below. ORDER.

1.

Criminal Writ Petition No. 211/2015 is partly allowed granting liberty in favour of petitioner to approach the appellate authority against

2 wp211-15.odt the impugned order dated 19.1.2015, rejecting his application for grant of furlough leave.

2.

Legal fees to be paid to the appointed counsel is quantified as Rs.1,500/-.

JUDGE JUDGE Hirekhan