Gokuldas Rambhau Rangari v. Special Police Inspector Genral Prison (East Region), Nagpur And Another

2024:BHC-NAG:13816-DB 1 908 wp 499.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 499/2024 (Gokuldas Rambhau Rangari Vs. Special Police Inspector General Prison (East Region), Nagpur & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.R. Maddulwar, Advocate h/f Mrs. R. Singh, Advocate for petitioner.

Mr. M.K. Pathan, Addl. Public Prosecutor CORAM: NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 17/12/2024.

Heard.

2.

Vide impugned order dated 30.04.2024 passed by the respondent No.1, Special Police Inspector General Prison (East Region), Nagpur, the prayer for furlough came to be rejected. Post conviction for an offence punishable under Section 302 of the Indian Penal Code, the petitioner on the date of passing of the impugned order, has undergone more than 15 years of imprisonment. 3.

The petitioner has sought furlough leave, which was rejected in view of the adverse report. Amongst other, the report mentions that the petitioner has not performed the duties which were allotted to him.

2 908 wp 499.24 4.

When confronted upon the affidavit submitted by the respondent No.2, it is brought to our notice that the petitioner was allotted the work in LED Division and he has not discharged the said duties.

5.

But for the aforesaid statement, there is no material on record to that effect.

6.

In view of above, we deem it appropriate to quash and set aside the impugned order dated 30.04.2024 passed by the respondent No.1 Special Police Inspector General Prison (East Region), Nagpur. We direct respondent/authority to admit the petitioner on furlough as on such reasonable terms and conditions, which are appropriate.

7.

Petition stands allowed in above term.

( MRS. VRUSHALI V. JOSHI , J.) ( NITIN W.SAMBRE , J.) Gohane