Amin Kha S/O Amanulla Kha (Convict NO.C-2224) Vs the State of Maharashtra, through Divisional Commisioner, Amravati

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0703cwp596.13.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL WRIT PETITION NO. 596 OF 2013

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(Amin Kha Amanulla Kha Vs. The D. I. G. Prisons & another)

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- - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. M. Ekre, Advocate (appointed) for the Petitioner. Shri V. A. Thakare, APP for the respondents.

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CORAM : B. R. GAVAI AND C. V. BHADANG, JJ. DATED : 7^th MARCH, 2014

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The petitioner has applied for grant of furlough for attending the post-funeral rite i.e. 40^th day on account of death of his aunt.

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Under the Prison (Bombay Furlough and Parole) Rules, 1959, there are clearcut provisions as to on what grounds a prisoner is entitled to furlough leave. There is no provision under the said Rules entitling a prisoner to get him released on furlough leave for the death of his paternal aunt. If the prisoner wants to be released on certain events like death, etc., then he is required to apply for parole.

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In that view of the matter, present petition is dismissed with liberty to the petitioner to apply for grant of parole, if such recourse is available to him under the Rules, 1959.

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Fees of the learned Counsel appointed for the petitioner are quantified at `1,500/- (rupees one thousand five hundred only).

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JUDGE JUDGE

Amin Kha S/O Amanulla Kha (Convict NO.C-2224) v. the State of Maharashtra, through Divisional Commisioner, Amravati

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Amin Kha S/O Amanulla Kha (Convict NO.C-2224) v. the State of Maharashtra, through Divisional Commisioner, Amravati

Case brief

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