Khemchand Niranjan Neware (In Jail) v. Deputy Inspector General Of Prison, Central Prison Nagpur And Another

WP475-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 475/2017 (KHEMCHAND NIRANJAN NEWARE (IN JAIL) VERSUS THE D.I.G. OF PRISONS, 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 A.M. Joshi, Additional Public Prosecutor for the respondents. CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : AUGUST 09 , 2017.

By this criminal writ petition, the petitioner challenges the order of the D.I.G. (Prisons), Nagpur, dated 08.05.2017 rejecting the application of the petitioner for grant of 28 days of furlough leave.

On hearing the learned counsel for the parties and on a perusal of the impugned order, it appears that there is no scope for interference with the impugned order as the same is based on the provisions of Rule 4(13) of the Prisons (Bombay Furlough and Parole) Rules, 1959, as amended in the year 2016. The petitioner is convicted for the offence of rape and as per the amended provisions of Rule 4(13), a convict sentenced for an offence of rape, would not be entitled for furlough leave.

Hence, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE APTE