Vinod S/O. Vinayak Thakre (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General Of Police(Prisons)(East-Division)

1106wp1132.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.1132 OF 2018 (Vinod s/o Vinayak Thakre vs. The State of Maharashtra 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 R.K. Maheshwari, Advocate (appointed) for petitioner.

Smt. N.R. Tripathi, Additional Public Prosecutor for respondents.

-------- CORAM : P.N. DESHMUKH AND PUSHPA V. GANEDIWALA, JJ.

DATED : JUNE 11, 2019 Heard Shri Maheshwari, learned Counsel for petitioner, and Smt. Tripathi, learned Additional Public Prosecutor for respondents.

This petition is filed praying for setting aside impugned order dated 11/7/2018 passed by respondent no.1 rejecting application for grant of furlough leave filed by petitioner.

Shri Maheshwari, learned Counsel for petitioner, submits that on the earlier occasion, petitioner was granted furlough leave and he on his own surrendered on 3/10/2017. It is contended that application of petitioner is rejected by respondent no.1 by considering adverse Police report which, in fact, is not correct. It is, therefore, prayed that application be allowed.

Smt. Tripathi, learned Additional Public

1106wp1132.18 2/2 Prosecutor submits that before last furlough leave was granted to petitioner, he failed to attend on due date and was required to be arrested and he surrendered late by 26 days on one occasion and by two or three days on two occasions. The affidavit-in-reply of respondents reveals that there is a possibility of petitioner absconding, if he is granted furlough leave.

It is material to note that on the last occasion petitioner was granted parole on 6/12/2018 and he surrendered on 5/2/2019. In view of this undisputed fact, it is found that as per Rule 19(2)(A)(ii) of the Prisons (Bombay Furlough and Parole) Rules, 1959, prisoner shall be eligible for subsequent release on regular parole after completion of six months of actual imprisonment to be counted from his last return either from furlough or regular parole. In that view of the matter, no case is made out. The petition is dismissed with liberty to petitioner to apply for furlough leave afresh after lapse of six months of actual imprisonment.

JUDGE JUDGE khj