Sakhawat Hussain Abdul Sattar (In Jail) v. Deputy Inspector General (Prisons) (East), Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.957 OF 2014 (Sakhawat Hussain Abdul Sattar vs. The Deputy Inspector General (Prisons)(East), Nagpur and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri M.N. Ali, Advocate for petitioner.

Ms. T. Udeshi, Additional Public Prosecutor for respondents.

---------- CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATED : JANUARY 12, 2015 This criminal writ petition challenges the order dated 3/3/2014 passed by respondent no.1 rejecting application of petitioner for grant of furlough.

Heard learned Counsel for both the sides.

It appears that the petitioner is undergoing life imprisonment for the offence punishable under Section 302 of Indian Penal Code and has undergone imprisonment for about 12 years. On perusal of reply filed by respondents, it is

1201wp957.14 2/2 revealed that petitioner is in the habit of not surrendering while on furlough or parole. After his release on furlough on 14/5/1998 and thereafter on parole on 10/7/2002, he failed to surrender and was required to be arrested. On both these occasions, he had over-stayed for 1185 days and 2943 days respectively.

Considering the conduct of petitioner as stated above, we do not find him to be entitled for grant of furlough. The Competent Authority has rightly considered these aspects while rejecting application of petitioner for furlough. The criminal writ petition is devoid of merits and hence, the same is dismissed.

JUDGE JUDGE khj