Bhawan Mohan Gedam v. Divisional Commissioner, Amravati Division, Amravati And Another

2025:BHC-NAG:2863-DB 911- wp 631-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 631 OF 2024 Bhawan Mohan Gedam -Vs-Divisional Commissioner and one. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------- Ms.Sonali Khobragade, counsel for the petitioner/s. Ms.N.R.Tripathi, A.P.P for respondent- State. CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 20th MARCH, 2025.

1.

Heard.

2.

The only ground on which the prayer of the petitioner for grant of furlough is rejected is that the petitioner has not completed statutory period contemplated under Rule 4 of the Prison (Bombay Furlough and Parole) Rules, 1959.

3.

It can be inferred from the record that the petitioner intends to avail the benefit of prison leave so as to support the treatment of his ailing daughter. This fact is also not disputed by the respondents as the same is borne out of the police report.

4.

It is not the case of the respondents that in past whenever the prison leave was granted, the petitioner has not surrendered within time or has indulged in the activity Kavita

911- wp 631-24.odt 2/2 which makes him disentitled for the benefits under the Prison Rules.

5.

That being so, the order impugned rejecting the prayer stands quashed and set aside. We direct the petitioner to be admitted to furlough within a period of two weeks from today on reasonable terms and conditions. 6.

Writ Petition stands disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 21/03/2025 18:09:14 Kavita