The petitioner challenged the rejection of his furlough application citing the Maharashtra Prison Manual. The court held that lapsed periods cannot be carried forward and directed the petitioner to file a fresh application.
petitioner directed to prefer a fresh application for furlough with specific timelines for decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
jdk 1 2.cri.wp.1249.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1249 OF 2015
Ramesh Tukaram Kasbe C-13505 presently lodged at Yerawada Central Prison, Pune
.. Petitioner
Vs.
The State of Maharashtra
.. Respondent
Ms. Harjeet Kaur Bhagwant Singh Advocate for Petitioner Mr. H.J.Dedhia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. & DR.SHALINI PHANSALKAR-JOSHI, J.
DATED : DECEMBER 14, 2015
P.C.:
1 Heard both sides. Rule. By consent, rule made returnable forthwith.
2 The petitioner had preferred an application for furlough on 15.5.2014. The said application for furlough came to be rejected on 29.9.2014. Being aggrieved thereby, the petitioner preferred an appeal. The said appeal came to be dismissed, hence, this petition.
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jdk 2 2.cri.wp.1249.15.doc
3 It is seen that the petitioner had preferred an application for furlough in the year 2014. Note (3) of Rule 2 in Chapter XXXVII of the Maharashtra Prison Manual 1979 which deals with furlough and parole states that "if at any time, a prisoner who could have been granted furlough is either not granted or is refused the same the period for which he could have been granted the furlough, shall not be carried forward but shall lapse".
4 In view of this Rule, it is clear that the period of furlough which was being sought in the year 2014 cannot be carried forward to the next year. In this view of the matter, it would be appropriate that the petitioner prefers a fresh application for furlough. In case, the petitioner prefers a fresh application for fulough, the D.I.G. (Prisons) who is the concerned authority, shall decide the same within a period of three months from the date of such application. In case, the application is rejected and an appeal is preferred by the petitioner, the same shall be decided within a period of two months from the date of such appeal.
jdk 3 2.cri.wp.1249.15.doc
5 Rule is discharged. Petition is disposed of accordingly
in the above terms.
[ DR. SHALINI PHANSALKAR-JOSHI, J.] [ ACTING CHIEF JUSTICE ]
kandarkar
3 of 3
Ramesh Tukaram Kasbe
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
