Bombay High CourtWP/361/2015others disposed off

Champalal Faganlal Pardhi (In Jail) v. Deputy Inspector General (Prisons) (East) Nagpur And Another

2015-06-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 2306cwp361.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.361 OF 2015.

Champalal Faganlal Pardhi ..vs.. The D.I.G. (Prisons), Nagpur and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Mir Nagman Ali, Adv. for the petitioner.

Mr.R.S.Nayak, APP for the respondents.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : JUNE 23, 2015.

Heard Mr.Ali, learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents. Perused the impugned order dated 16th of March, 2015 as also reply-affidavit tendered by respondent no.2. Perusal of reply-affidavit shows that petitioner has been released on five occasions earlier, out of it first three occasions were furlough while later two occasions were parole. On each occasion he has surrendered late but voluntarily. He has surrendered late on some occasions by two days, six days etc. Maximum period of such late surrender is 78 days.

This Court in the case of Raju @ Rajabhau Wahkhede ..Vs.. D.I.G.Prison (E)(R) and anr. reported in 2014(1) Bom.C.R.(Cri.) 64 has observed that merely late surrender is not sufficient to invoke provisions of Rule 4(4)(10) of Prisons Furlough and Parole Rules, 1959 reasons for such late surrender must be evaluated by the respondents.

In this situation, impugned order does not show any consideration of such reasons. Hence, we quash the impugned order. Respondents are directed to released the petitioner on

2 2306cwp361.15.odt furlough, in according with law, within a period of six days from today. With this observations and directions, we dispose of the petition.

JUDGE JUDGE Chute.