Keshav Sitaram Gayki (C-5462) v. Special Police Inspector General Prison (East Region), Nagpur And Another

2025:BHC-NAG:326-DB 1 14.wp.504.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 504/2024 Keshav Sitaram Gayki (C-5462) Vs.

Special Police Inspector General Prison (East Region), 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. R. R. Muddalwar, Advocate h/f. Ms Ratna Singh, Advocate for Petitioner.

Ms N. R. Tripathi, A.P.P. for Respondents/State. CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 13/01/2025.

.

The prayer for furlough is rejected on the ground that the conduct of the petitioner and his work is not good in the opinion of the Superintendent of Prison. 2.

So as to resist the aforesaid claim, the petitioner has relied on the annual report of the prison certified by the Prison Officer wherein his conduct was shown to be satisfactory.

3.

If we perused the conduct report of 2023, said reflects the satisfactory conduct.

4.

However, in the very same report, it is also mentioned that the petitioner is not discharging the work assigned to him.

5.

The aforesaid would have been sufficient ground for us to reject the prayer of the petitioner at this stage.

6.

However, the learned Counsel for the petitioner assures that the petitioner shall sincerely and diligently

2 14.wp.504.24 discharge the work assigned to him by the Prison Authorities. The said statement is accepted. 7.

That being so, the impugned order thereby rejecting the prayer for furlough passed on 30.04.2024 is quashed and set aside. The petition stands allowed. 8.

It is directed that the petitioner be admitted to furlough based on reasonable conditions to be incorporated by the Competent Authority.

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