Prathamesh Ankush Rode v. State Of Mah. Thr. Deputy Inspector General Of Prison, Eastern Region Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.481 OF 2020 Prathamesh Ankush Rode, C-5381, Aged about 31 years, Occ. Nil (Presently in Central Prison, Amravati) ........ PETITIONER // VERSUS // 1.State of Maharashtra, Through Deputy Inspector General of Prison, Eastern Region, Nagpur.

2.Superintendent of Jail, Central Prison, Amravati, District Amravati.

........ RESPONDENTS -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.Raju Kadu, Advocate for the petitioner.

Ms N.P.Mehta, A.P.P. for Respondent Nos. 1 and 2. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : SUNIL B. SHUKRE & AVINASH G. GHAROTE, JJ.

DATE : 18.12.2020.

ORAL JUDGMENT (Per Sunil B. Shukre, J) :

1.

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

2.

The Prisons (Bombay Furlough and Parole) Rules, 1959 gives an indication about eligibility of the prisoners being entitled to seek furlough. Rules 4(4) and 4(6) show that the prisoners whose release is not recommended or the prisoners whose work and conduct are, in the opinion of the Superintendent of Prison, not satisfactory enough, are not eligible for grant of furlough.

3.

In the present case, there is no recommendation made by the Competent Authority for grant of furlough to the petitioner. Besides, the conduct of petitioner has also not been found to be satisfactory enough and on one occasion, he had indulged in unruly behaviour with fellow inmate and has also subjected him to beating. 4.

Considering the above referred facts and

circumstances of the case and also the legal position, we do not find any error in the impugned order. The petition, therefore, stands dismissed.

JUDGE JUDGE jaiswal