This court dismissed a criminal writ petition challenging the rejection of an application for furlough leave. The court upheld the jail authorities' decision, noting the long gap since the applicant's previous furlough release over thirteen years earlier.
The criminal writ petition stands dismissed.
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.
crwp59016.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.590 OF 2016
Shaikh Afsar Shaikh Akbar (C-5259)
Petitioner
Versus
The State of Maharashtra
Respondent
Mr.D.R.Kale, APP for Respondent-State.
CORAM : R.M.BORDE &
DATE : 06th May, 2016
PER COURT:
The applicant is objecting to the order passed by the Deputy Inspector General (Prisons), Aurangabad, on 09.02.2016, rejecting his application for grant of furlough leave.
On perusal of the order, it transpires that on 20.10.2000, the convict was released on furlough leave for a period of fifteen days. However, he was required to be brought back to prison on 02.06.2013 i.e. after more than a period of thirteen years from his release in the year 2000 on furlough for fifteen days. The Jail authorities are justified in refusing to grant him furlough leave. The order passed by the jail authorities does not call for any interference. The writ petition is devoid of substance.
Criminal Writ Petition stands dismissed.
P.R.BORA R.M.BORDE JUDGE JUDGE
adb/crwp59016
2 issues framed by the court
Whether the Deputy Inspector General (Prisons) was justified in rejecting the applicant's application for furlough leave after a long gap from his previous furlough release.
Whether the Jail authorities order refusing to grant furlough leave calls for judicial interference.
Shaikh Afsar Shaikh Akbar
The State of Maharashtra
P.R. Bora
R.M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
