Shakil Mohd. Nasir Mohd. Sheikh (In Jail) v. Deputy Inspector General Of Prison, Central Prison Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 904 of 2016 [Shakil Mohd. Nasir Mohd. Sheikh (in Jail) Vs. Dy. Inspector General of Prisons, Central Prison, Nagpur, & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S.B. Khobragade, Adv. for the petitioner. Mr. M. J. Khan, Addl. Public Prosecutor for the respondents. ----

CORAM

:

B.R. GAVAI AND A.S. CHANDURKAR, JJ.

DATE :

17th January, 2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for respondent-State. By way of present Criminal Writ Petition, the petitioner has prayed for issuance of directions to the respondent no.1 to release him on furlough for 28 days. The application of petitioner for grant of furlough leave was rejected by the competent authority on the ground of adverse police report and since he was required to be arrested by police and brought back to prison on earlier two occasions when he was released either on parole or furlough.

A perusal of the reply would reveal that after the

petitioner was released on furlough on two occasions, he did not return to the jail and was, therefore, required to be arrested and brought back to prison. The petitioner had not submitted any documents before the Authority justifying his action of not returning to the prison after period of furlough was over. On the contrary, he was required to be arrested and brought back to the prison. In view of above, no case is made out for interference. Criminal Writ Petition is accordingly dismissed.

Judge Judge.

|hedau|