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Bombay High CourtWP/778/2017dismissed

Shatrughan Janglu Uikey (In Jail) v. Deputy Inspector General Of Prison (East Region) Nagpur And Another

2017-09-22Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

WP778-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 778/2017 (SHATRUGHAN JANGLU UIKEY (IN JAIL) VERSUS D.I.G. OF PRISON (E), NAGPUR & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms S.B. Khobragade, counsel for the petitioner. Shri K.R. Lule, A.P.P. for the respondents.

CORAM : SMT. VASANTI A NAIK AND M.G. GIRATKAR, JJ.

DATE : SEPTEMBER 22 , 2017.

By this criminal writ petition, the petitioner challenges the order of the D.I.G. Prisons dated 05.08.2017 rejecting the application of the petitioner for grant of furlough leave.

We do not find any illegality whatsoever in the order of the D.I.G. Prisons, Nagpur rejecting the application of the petitioner for furlough leave. In the year 2008, when the petitioner was released on furlough leave for fourteen days, the petitioner had absconded and was required to be arrested by the police 1983 days after the due date on which he was liable to surrender. In the police verification report, it is rightly expressed that if the petitioner is again released on furlough leave, it is most likely that the petitioner would abscond and it would be difficult for the respondents to bring him back to the prison. Since the period for which the petitioner had absconded is great, it would not be possible for this Court to interfere with the order of the D.I.G. Prisons in rejecting the application of the petitioner.

WP778-17 Since the order of the D.I.G. Prisons is just and proper, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE APTE