Ambadas Kisan Gadekar v. Deputy Inspector General Of Prison East Division Nagpur

1 WP 608.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 608/2019 Ambadas Kisan Gadekar (In jail), ..VS..

Deputy Inspector General of Prison, East Division, Nagpur and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C. D. Wasade, Advocate (appointed) for the petitioner, Mrs. S. V. Kolhe, A.P.P. for the respondents, CORAM : Z.A.HAQ, AND PUSHPA V. GANEDIWALA, JJ.

DATED : 26 th September, 2019 Heard.

The order of rejection of furlough leave to the petitioner, dated 22nd February 2019 is challenged by this petition.

The petitioner is sentenced for life imprisonment for the offence punishable under Section 302 of the Indian Penal Code. It is informed that he has undergone more than three years of imprisonment till date.

Learned A.P.P. on behalf of the State, states that the petitioner had applied for 21 days of furlough leave by application dated 05th December 2018, and his application is rejected by the impugned order mentioning the reason that

2 WP 608.2019 he is in jail in another Crime No.38/2014, for the offences punishable under Sections 326, 143, 147, 148 and 149 of the Indian Penal Code, and he has not obtained bail in said crime. In this view of the matter, we are not inclined to allow the petition. Hence, the same is rejected. Fees be paid to the advocate appointed to represent the petitioner, as per the rules.

JUDGE JUDGE Kirtak