Dismissed

Ramesh Marutrao Patil v. the Inspector General of Prison and Ors.

Bombay HC19 Sept 2016WP/2183/2016

Case brief

AI extract

What is this about?

A criminal writ petition where the petitioner challenged the rejection of his application for transfer to an Open Prison. The High Court upheld the Selection Committee's decision, citing the petitioner's habitual unauthorized overstays during parole and furlough, and ruled not to interfere. The petition was subsequently dismissed.

What did the court decide?

The prayer for transfer to Open Prison was rejected; Rule discharged and petition disposed of against the petitioner.

Ramesh Marutrao Patil Vs the Inspector… — Constitutional and Fundamental Rights | Bombay HC (2016)

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jdk 1 6.crwp.2183.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2183 OF 2016

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Ramesh Marutrao Patil ] Age 54 years, Occ: Nil ] Residing at 1030/E, ] Gavat Mandai, Kolhapur ] (At present lodged at Kolhapur ] Central Prison, Kalamba, Kolhapur ] C/2760) ].. Petitioner

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Vs.

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The Inspector General of Prison, ] Western Region, Pune ] ] 2. The Superintendent, ] Kolhapur Central Prison, ] Kalamba, Kolhapur ] ] 3. The State of Maharashtra ]..Respondents

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Mr. D.G. Khamkar Advocate for Petitioner Mr. H.J. Dedia A.P.P. for the State

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CORAM : SMT.V.K.TAHILRAMANI AND MRS. MRIDULA BHATKAR, JJ. DATED : SEPTEMBER 19, 2016

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ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

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1 Heard both sides. Rule. Rule is made returnable

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forthwith. By consent, matter is taken up for final hearing.

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2 The prayer of the petitioner is that he is not being

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jdk 2 6.crwp.2183.16.doc

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sent to Open Prison. The case of the petitioner was considered by the Selection Committee on 6.8.2013 and his case was rejected for being sent to Open Prison due to his habit of unauthorizedly overstaying when he was granted parole or furlough. The details of the overstay are as under:

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(i) In the year 2005 when the petitioner was released on parole, he did not report back to the prison in time. Ultimately the police had to trace him and arrest him and bring him back to the prison. There was overstay on the part of the petitioner of 202 days;

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(ii) Thereafter in the year 2009 when the petitioner was released on parole, he overstayed by a period of one day;

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(iii) Thereafter when the petitioner was released on furlough on 27.12.2010, he did not report back in time and there was overstay on his part of 137 days;

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(iv) Thereafter when the petitioner was released on furlough on 30.4.2012, he did not report back in time and there was overstay on his part of 16 days;

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(v) On 25.8.2012 when the petitioner was released on parole, he did not report back in time and he overstayed by a

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jdk 3 6.crwp.2183.16.doc

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period of one day;

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(vi) Thereafter the petitioner was released on furlough on 25.7.2013. Again he did not report back in time and there was overstay on his part by a period of two days.

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3 On account of the habit of the petitioner of unauthorizedly overstaying whenever he was released on parole or furlough and on one occasion, he was arrested by the police and brought back to the prison, the case of the petitioner was rejected for selection for being sent to the Open Prison. In view of the previous record of the petitioner, we cannot find any error in the decision of the Selection Committee for not considering the case of the petitioner for sending him to Open Prison, hence, we are not inclined to interfere. However, next year if the petitioner prefers a fresh application for being sent to Open Prison, the same be considered by the authorities on merits. Rule is discharged. Petition is disposed of in above terms.

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[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

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kandarkar

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Ramesh Marutrao Patil v. the Inspector General of Prison and Ors.

Case brief

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Ramesh Marutrao Patil v. the Inspector General of Prison and Ors.

Case brief

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