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Bombay High CourtWP/275/2017dismissed

Nandkishor Prabhudayal Bawankar (In Jail) v. Deputy Inspector General Of Prison, Central Prison Nagpur And Another

2017-09-01Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar1 pages

WP275-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 275/2017 (NANDKISHOR PRABHUDAYAL BAWANKAR (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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.B. Khobragade, counsel for the petitioner. Shri P.S. Tembhare, A.P.P. for the respondents. CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : SEPTEMBER 01 , 2017.

By this criminal writ petition, the petitioner challenges the order of the D.I.G. Prisons, Nagpur dated 02.03.2017 rejecting the application of the petitioner for grant of furlough leave.

We are not inclined to consider whether the rejection of the application by placing reliance on Rules 4(2), 4(4), 4(6), 4(11) and 4(18) was justified or not, as we find that the D.I.G. Prisons has rightly rejected the application by relying on the provisions of Rule 4(13) as the petitioner is convicted for the offence of rape.

Since the order refusing the furlough leave by relying on Rule 4(13) cannot be faulted with, we dismiss the criminal writ petition with no order as to costs. JUDGE JUDGE APTE