Avinash Bhimrao Bagade (In Jail) v. State Of Maharashtra Thr. Deputy Inspector General Of Prison, Eastern Region, Nagpur

wp155.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION NO.155/2019 Avinash Bhimrao Bagade, Convict No.C/9392, aged 26 Yrs., Occ. Nil, Confined at Central Prison, Nagpur.

..Petitioner.

..Vs..

1.

State of Maharashtra, through Deputy Inspector General of Prison, Eastern Region, Nagpur.

2.

The Superintendent, Central Prison, Nagpur.

..Respondent.

------------------------------------------------------------------------------------------------ Ms S.D. Wankhede, Advocate for the petitioner. Shri S.M. Ghodeswar, Additional Public Prosecutor for the respondents. ------------------------------------------------------------------------------------------------ CORAM :- SUNIL B. SHUKRE AND AVINASH G. GHAROTE , JJ.

DATED :- 16.2.2021 ORAL JUDGMENT (Per Sunil B. Shukre, J.) 1.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

2.

We do not find any infirmity in the impugned order rejecting the application of the petitioner for grant of furlough in view of the fact that the petitioner is a prisoner who has been convicted by

wp155.2019.odt Madhya Pradesh Court for an offence of kidnapping for ransom punishable under Section 364A of the Indian Penal Code which conviction would make the petitioner ineligible under Rule 4(13) of the Prisons (Bombay Furlough and Parole) Rules, 1959 for his release on furlough. The petition stands dismissed. Rule is discharged. JUDGE JUDGE Tambaskar.