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Bombay High CourtWPCR/74/2018disposed of

Sujit Kumar Singh, Presently At Central Jail Colvale., v. The Inspector General Of Prisons, Panaji And ANR.,

2018-04-05Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

Amrut 1 WPCR74-18 dt 05-04-2018 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.74 OF 2018 Sujit Kumar Singh ...

Petitioner

Versus

The Inspector General of Prisons & Anr.

...

Respondents.

Mr.

T. George John, Advocate for the Petitioner.

Mr. P. Faldessai, Addl. Public Prosecutor for the Respondents. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 5 April 2018.

P.C. :

The Petitioner has challenged the order dated 22 March 2018 passed by the Inspector General of Prisons. The Inspector General of Prisons has rejected the application filed by the Petitioner for furlough on the ground that there is a case pending against the Petitioner and the police report is adverse.

2.

The learned counsel for the Petitioner states that though the order is passed on 22 March 2018, the Inspector General of

Amrut 2 WPCR74-18 dt 05-04-2018 Prisons has not referred to the acquittal of the Petitioner from the case by judgment and order dated 23 August 2017.

3.

In these circumstances, we are of the opinion that the Inspector General of Prisons should reconsider the application filed by the Petitioner for furlough as one of the grounds held against the Petitioner regarding furlough does not appear to survive. In these circumstances, the order dated 22 March 2018 is quashed and set aside.

4.

The Inspector General of Prisons to reconsider the application filed by the Petitioner for furlough after taking into consideration the order of acquittal stated to have been passed on 23 August 2017.

The Criminal Writ Petition is disposed of.

Prithviraj K. Chavan , J. N.M. Jamdar, J.