Sumit Bhimrao Sirsath(In Jail) v. Dy. Inspector General (Prisons)

criwp978.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 978/2018 PETITIONER :

Sumit Bhimrao Sirsath aged about 27 years, At present detailed inCentral Prison, Amravati, having Prisoner No. C - 4788.

...VERSUS...

RESPONDENTS: 1. Deputy Inspector General (Prisons) East Division, Nagpur.

3. Superintendent, Central Prison, Amravati ---------------------------------------------------------------------------------------------- None for petitioner Shri D.P.Thakre, APP for respondent nos.1 and 2 ---------------------------------------------------------------------------------------------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATE : 07/12/2020.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.) .1] Rule. Rule made returnable forthwith. Heard the learned APP appearing for respondent Nos. 1 and 2 finally. 2] There is no dispute about the fact that the petitioner has been convicted for offence under Section 363 of Indian Penal Code and also under Section 6 of the Protection of Children from Sexual Offences Act, 2012. Section 6 of the said Act of 2012 is about the punishment prescribed for penetrative sexual assault. In

criwp978.18.odt other words, this offence is one of rape. Rule 4(12) of the Prisons (Bombay Furlough & Parole) Rules, 1959, prescribes grant of furlough leave to the convicts. It is clear that petitioner is not entitled to be released on furlough.

3] There is no merit in the petition. The petition stands dismissed. Rule is discharged.

4] The legal remuneration of Rs.500/- be paid to the learned appointed counsel only for drafting.

JUDGE JUDGE Rvjalit