Dashrath Dharmaji Debur v. Sepecial Police Inspector General Prison ( East Region), Nagpur And Another

2024:BHC-NAG:11116-DB 1 930 wp 612.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 612/2024 (Dashrath Dhramaji Debur 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Ratna Singh, Advocate for petitioner.

Mrs. N. Tripathi, APP for respondent Nos. 1 and 2. CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

DATED : 04/10/2024.

Heard.

2.

The petitioner has applied for grant of furlough leave which was rejected for the reason that the petitioner did not work in the prison and thus, in terms of Rule 4(6) of the Bombay Furlough and Parole Rules 2018, the petitioner is not eligible. The learned counsel for petitioner would submit that the said reason is not tenable as there is no sufficient work in the prison. The record indicates that carpentry work is available to the petitioner which the petitioner has refused to do so. It is purely factual aspect as to whether work was not available or the petitioner has refused. The petitioner is in Jail from last four years. The petitioner assures to do the assigned work in future.

2 930 wp 612.24 3.

In the above circumstances, we are inclined to release the petitioner on furlough leave. Hence, petition is allowed. We hereby quash and set aside the impugned order dated 07.06.2024. The respondents are directed to release the petitioner on furlough leave by imposing suitable conditions as it deems fit.

4.

Consequential order be passed within four weeks from the receipt of this order.

5.

Petition stands disposed of in above terms.

( MRS. VRUSHALI V. JOSHI , J.) (VINAY JOSHI, J.) Gohane