Dismissed

State of Maharashtra Thr. Deputy Inspector General of Prison Er, Nagpur and Another (O.Res.) v. Bannasingh @ Rupsingh Attarsingh Bawari (O. Petitioner)

Bombay HC9 Feb 2018APPW/29/2018

Case brief

AI extract

What is this about?

The High Court recalled an order granting furlough to a prisoner convicted of attempted dacoity with deadly weapons, holding that under Rule 4(13) of the Prisons Rules, he was not entitled to release from imprisonment. The writ petition was dismissed.

What did the court decide?

The order dated 16/1/2018 recalling furlough was recalled; the Criminal Writ Petition was dismissed.

State of Maharashtra Thr. Deputy Inspector… — Pension and Retirement Benefits | Bombay HC (2018)

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0902appw29.18.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL APPLICATION (APPW) NO.29/2018 IN CRIMINAL WRIT PETITION NO.20/2018 (D)

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State of Maharashtra, through Deputy Inspector General of Prison, Eastern Region, Nagpur and another

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...Versus...

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Bannasingh @ Rupsingh Attarsingh Bawari

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri B.M. Lonare, APP for applicants Ms S.D. Wankhede, Counsel for non-applicant

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CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ. DATE : 09/02/2018

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By this criminal application, the applicants are seeking recall of the order dated 16/1/2018 in Criminal Writ Petition No.20/2018.

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It is stated by the learned Additional Public Prosecutor that before Criminal Writ Petition No.20/2018 was decided it was not pointed out to the Court that the non-applicant – original petitioner was convicted for the offence punishable under Section 398 of the Penal Code that relates to attempt to commit dacoity when armed with deadly weapons. It is stated that in view of Rule 4 (13) of the Prisons (Bombay Furlough and Parole) Rules, 1959, furlough cannot be granted to a prisoner

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0902appw29.18.odt

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who is convicted for the offence of dacoity. It is stated that the fact that the original petitioner had been convicted under the provisions of Section 398 of the Penal Code for attempting to commit dacoity with deadly weapons was not brought to the notice of this Court. It is stated that in the circumstances of the case, the order dated 16/1/2018 may be recalled.

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On hearing the learned Counsel for the parties and on a perusal of the Rules of 1959, it is clear that furlough could not have been granted to the original petitioner as he was convicted for the offence of attempting to commit dacoity with deadly weapons, and in view of Rule 4 (13) of the Rules of 1959 he was not entitled to be released on furlough.

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Hence, we recall the order dated 16/1/2018 and dismiss the criminal writ petition.

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Order accordingly.

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JUDGE JUDGE

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Wadkar

State of Maharashtra Thr. Deputy Inspector General of Prison Er, Nagpur and Another (O.Res.) v. Bannasingh @ Rupsingh Attarsingh Bawari (O. Petitioner)

Case brief

What is this about?

What did the court decide?

State of Maharashtra Thr. Deputy Inspector General of Prison Er, Nagpur and Another (O.Res.) v. Bannasingh @ Rupsingh Attarsingh Bawari (O. Petitioner)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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