Mukesh Ramji Yadav v. Deputy Inspector General Of Prison Eastern Region, Nagpur And Another

2025:BHC-NAG:150-DB 916-Cri.WP-889-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.889 OF 2024 Mukesh Ramji Yadav, Central Prison, Nagpur -vsDeputy Inspector General of Prison, Eastern Region, Nagpur and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Smt Shweta P. Chavhan, Advocate for petitioner. Shri K. H. Bhondge, Additional Public Prosecutor for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : January 07, 2025 P. C.

1.

Heard.

2.

We dispose of the petition with the following reasons and order : 3.

The order impugned is dated 16/02/2018 whereby the petitioner's name is removed from the remission register for surrendering after absconding for 1268 days after he was released on furlough which resulted into registration of Crime No.3163/2014 punishable under Section 224 of the Indian Penal Code. 4.

It is the case of the petitioner that after he was arrested on 05/01/2018 in view of his conviction by the Sessions Court, the petitioner was granted furlough. According to the learned counsel for the petitioner, since the petitioner has honoured the orders of furlough by surrendering within time, he has established his bonafides for retaining his name in the remission register.

916-Cri.WP-889-24.odt 2/2 5.

We are of the view that the petitioner's name was removed from the remission register for the aforesaid reason in the year 2018 and thereafter the petitioner was released on furlough on number of occasions, which orders he has duly honoured. 6.

In this background, we direct the respondent Authority to reconsider the reasons cited in the order dated 16/02/2018 whereby the name of the petitioner was removed from the remission register and to consider whether the petitioner can be extended the benefit of remission.

7.

Let the appropriate order be communicated to the petitioner within a period of three months from today.

(Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Asmita