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Bombay High CourtWP/970/2019dismissed

Sanjay Mahadeo Gajbhiye v. Deputy Inspector General Of Prison, Eastern Region, Nagpur And One

2019-11-29Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar,Hon'Ble Shri Justice Z.A. Haq1 pages

1 Cr.WP970.2019

IN THE HIGH COURT OF JUDICTURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 970/2019 Sanjay Mahadeo Gajbhiye (In jail), ..VS..

Deputy Inspector General of Prison (East Region), Nagpur and Anr., - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Advocate for the petitioner. Shri T. A. Mirza, A.P.P. for the respondents. CORAM : Z. A. HAQ, AND M. G. GIRATKAR, JJ.

DATED : 29 th November, 2019 Heard.

Request of the petitioner for grant of furlough leave is rejected by the respondents, on the ground that on the earlier occasion when he was released on furlough leave, he failed to surrender on due date and he was arrested and brought back to prison. It is pointed out that offence punishable under Section 224 of the Indian Penal Code was registered against the petitioner and he is convicted for that on 09th November, 2017.

Accepting the submission made by the learned A.P.P. and relying on Rule 4(10) of the Prisons (Bombay Furlough and Parole) Rules 1959, we hold that the impugned order is proper and does not require any interference. Hence, the criminal writ petition is dismissed. No costs.

JUDGE JUDGE Kirtak