Sanjay Mahadeo Gajbhiye 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. 482 OF 2020 Sanjay Mahadeo Gajbhiye, C-5109, Aged about 43 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.

Mr.Amit Madiwale, A.P.P. for Respondent Nos. 1 and 2.

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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.

In the present case, it is seen that there is a detailed police report referring to undesirable activities of the petitioner while enjoying furlough or parole rules which forms the basis of adverse police report. Considering the details mentioned in the adverse police report, it is not possible for us to hold that the impugned order is erroneous. That apart, on the last two occasions, in the years 2011 and 2014, the petitioner had surrendered late after his release on furlough. All these facts and circumstances together would disclose that the conduct of petitioner is not satisfactory enough and therefore, he is not eligible for being released on furlough in terms of Rule 4(6) of the Prisons (Bombay Furlough and Parole) Rules, 1959. No fault could be found

with the impugned order. The petition, therefore, stands dismissed.

JUDGE JUDGE jaiswal