A criminal writ petition challenging the rejection of a furlough application was dismissed. The Court held that the authority's exercise of discretion was justified based on an enquiry report showing family opposition to release and a history of absconding.
Petitioner granted regular profession fee of Rs. 1500.
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04.04.wp.30.16
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IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 30/2016
(Ramesh Raghoji Kulsange vs. The DIG Prisons (E) (R) Nagpur and others )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mr.a.A. Pannase, Adv. (appointed) for petitioner Ms.S.S. Jachak, APP for respondents
CORAM : B.R.GAVAI & Mrs. SWAPNA JOSHI, JJ. DATED : 4th April, 2016.
Heard.
The petitioner has approached this Court being aggrieved by rejection of his application for furlough, by the respondent no.1. Since the ground given in the application for rejection was adverse the police report, we had requested the learned APP to get the original papers regarding inquiry conducted by the Police Officer.
Accordingly, learned APP has placed on record copy of the enquiry report. Perusal of the same would reveal that the wife of the petitioner as well as all other relatives, are opposed to his release on furlough. Not only that but none of them is willing to stand surety to the petitioner. It is stated in the enquiry report that when on an earlier occasion, he was released on furlough, he had absconded.
In that view of the matter, we do not find that the discretion exercised by the authority warrants
04.04.wp.30.16
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interference. Criminal Writ Petition is rejected.
The professional fees of Mr. A.A.Pannase Advocate (appointed) are quantified at Rs. 1500/(rupees fifteen hundred).
JUDGE
JUDGE
sahare
1 issue framed by the court
Whether the rejection of the petitioner's furlough application was arbitrary given the adverse police report and family opposition.
Ramesh Raghoji Kulsange
The DIG Prisons (E) (R) Nagpur
B.R. Gavai
Swapna Joshi
As recorded by the court registry
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