Petitioner challenged rejection of furlough application. Court held absconding prisoner not entitled to furlough based on precedents. Petition rejected.
Petitioner's application for furlough rejected; petition dismissed.
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21032014criwpno.92.2014 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Writ Petition No. 92 of 2014
Ibrahim Khan Niyamat Khan vs. D.I.G., Prison (East), Nagpur and another.
Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders.
Shri N.A.Badar, Advocate for the petitioner. Shri V.A.Thakare, APP for Respondents.
CORAM : B.R.GAVAI & C.V.BHADANG,JJ DATE : 21.3.2014
Being aggrieved by the order dated 21.9.2013 passed
by the respondent no.1 – the competent authority thereby rejecting the application of the petitioner for grant of furlough, the petitioner has approached this Court.
It has come in the reply filed by the respondent State that earlier when the petitioner was released on parole he was absconding for 1259 days and he was required to be arrested to bring in prison. The two Division Bench of this Court in the case of Murlidhar Ramchandra Bhalerao vs. State of Maharashtra and another reported in 2011 ALL MR (Cri), 2132 and Ramchandra Raghu Naik .vs. State of Maharashtra reported in 2005 ALL MR (Cri) 1919, have taken a view that if a prisoner does not return back to the custody and is required to be arrested by police for securing
21032014criwpno.92.2014 2
custody, such a prisoner is not entitled for grant of furlough.
In that view of the matter, we find no case to interfere in
the impugned order. The petition is rejected.
JUDGE JUDGE
2 issues framed by the court
Whether a petitioner absconding while on parole is entitled to furlough.
Whether the High Court can interfere in an order rejecting an application for furlough.
Colour shows how this judgement treated each authority
Murlidhar Ramchandra Bhalerao vs. State of Maharashtra and anotherReferred¶10
Murlidhar Ramchandra Bhalerao vs. State of Maharashtra and another reported in 2011 ALL MR (Cri), 2132
Ramchandra Raghu Naik vs. State of MaharashtraReferred¶10
Ramchandra Raghu Naik .vs. State of Maharashtra reported in 2005 ALL MR (Cri) 1919
Ibrahim Khan Niyamat Khan
D.I.G., Prison (East), Nagpur
B.R.GAVAI
C.V.BHADANG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
