Mukesh Poonamchand Patel (In Jail) v. Deputy Inspector General (Prisons) (East) Nagpur And Another

WP233-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 233/2017 (MUKESH POONAMCHAND PATEL (IN JAIL) VERSUS THE DIG (PRISONS)(E), 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 M.N. Ali, counsel for the petitioner.

Shri A.M. Joshi, A.P.P. for the respondents.

CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 28 , 2017.

By this criminal writ petition, the petitioner challenges the order of the D.I.G. Prisons, Nagpur, dated 27.12.2016 rejecting the application of the petitioner for grant of furlough leave.

On hearing the learned counsel for the parties and on a perusal of the two affidavits-in-reply filed on behalf of the respondent no.2, it appears that there is no scope for interference with the impugned order rejecting the application of the petitioner by referring to Rule 4(4)(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959. Considering the crime chart of the petitioner, the police verification report does not favour the petitioner. It would not be proper for this Court in the circumstances of the case to interfere with the order passed by the D.I.G. Prisons. In the result, the writ petition fails and is dismissed.

JUDGE JUDGE APTE