Chief CJI B.R. Gavai and Mrs. Swapna Joshi dismissed this criminal writ petition where the petitioner sought to challenge the rejection of his furlough application due to his failure to surrender after a parole period.
Petitioner set back to jail; furlough application rejected.
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04.04.wp.56.16
1
IN THE COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 56/2016
(Shakeel Mohd. Nasir Mohd. Sheikh vs. The DIG Prisons (E) (R) Nagpur and another )
................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Ms. Neerja Chaubey, Adv. for petitioner
Ms.S.S. Jachak, APP for respondent nos.1 & 2
CORAM : B.R.GAVAI &
Mrs. SWAPNA JOSHI, JJ. DATED : 4th April, 2016.
Heard.
The application for furlough was rejected by the respondent no.1 on the ground that when the petitioner was released earlier on parole for a period of 20 days on 12th June 2012, he did not surrender himself and the police machinery was required to be set in motion for securing his presence. The petitioner was accordingly brought back to jail after a period of 595 days. No justification whatsoever for not surrendering within the stipulated time, is given.
In that view of the matter, we do not find that the discretion exercised by the authority warrants interference. Criminal Writ Petition is rejected.
JUDGEJUDGE
sahare
2 issues framed by the court
Whether the High Court should interfere with the Superintendent of Prisons' decision to reject the petitioner's furlough application due to failure to surrender after parole.
Whether the exercise of discretion by the prison authority in setting the petitioner back to jail warrants judicial intervention.
Shakeel Mohd. Nasir Mohd. Sheikh
The DIG Prisons (E) (R) Nagpur
Another
B.R. Gavai
Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court