Dharmaraj S/O Kantilal Gaharaye v. State Of Mah. Thr. Deputy Inspector General (Prison) Eastern Division Nagpur And Another

2024:BHC-NAG:12973-DB 1 910.wp.839.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 839/2021 Dharmaraj s/o. Kantilal Gaharaye Vs.

State of Maharashtra 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. Abhay Dhage, Advocate h/f. Mr. A. D. Tote, Advocate for Petitioner.

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

DATED : 28/11/2024.

.

The learned Counsel for the petitioner sought adjournment. The petition is pending since 2021. 2.

The prayer of the petitioner, who is a convict in an offence punishable under Section 302 of the Indian Penal Code has sought furlough.

3.

In view of Rule 17 of the Prisons (Bombay Furlough and Parole) Rules, 1959, the furlough is not a right.

4.

The only reason cited by the Authority in rejecting the prayer for furlough is the physical and mental competency of the surety, who is a senior citizen. 5.

We fail to understand as to how the physical and mental fitness of the surety would be a basis for rejection of the prayer for furlough when but for age no other medical documents of surety were produced. 6.

In that view of the matter, rejection of prayer for furlough particularly when there is no such statutory

2 910.wp.839.21 embargo provided under the Rules, the impugned order dated 09.04.2021 is hereby quashed and set aside. 7.

We direct the respondent No.1 - Authority to pass a fresh order in the light of the application made for furlough.

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