Praful Rambhau Kachare (In Jail) v. State Of Maharashtra Thr. Deputy Inspector General Eastern Region, Central Prison Nagpur And Anothe

WP250-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 250/2018 (PRAFUL RAMBHAU KACHARE (IN JAIL) VERSUS THE STATE OF MAHARASHTRA, THR. DIG (E) (R) CENTRAL PRISON, NAGPUR & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Mohod, Appointed counsel for the petitioner. Mrs. N.R. Tripathi, A.P.P. for the respondents. CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : APRIL 25 , 2018.

By this criminal writ petition, the petitioner challenges the order of the D.I.G. Prisons, Nagpur rejecting the application of the petitioner for furlough leave.

Mrs. Tripathi, the learned Additional Public Prosecutor appearing for the respondents, states that in view of Rule 4(13) of the Prisons (Bombay Furlough and Parole) Rules, 1959, the petitioner cannot be released on furlough as the petitioner is convicted for the offence punishable under Section 376(2)(1) of the Penal Code and also for the offence punishable under the provisions of Protection of Children from Sexual Offences Act. It is submitted that in view of amended Rule 4(13), the petitioner would not be entitled for furlough leave.

By accepting the statement made on behalf of the respondents, we dismiss the criminal writ petition. JUDGE JUDGE APTE