Allowed

Vilas Maroti Kinake v. Dy. Inspector General (Prisons) East Division Nagpur and Another

Bombay HC20 Apr 2018WP/121/2018

Case brief

AI extract

What is this about?

This court allowed a criminal writ petition challenging the rejection of a prisoner's furlough leave. The court held that a pending appeal does not disentitle a prisoner to furlough and quashed the order rejecting the application due to belated surrender, directing release within seven days subject to surety.

What did the court decide?

Quashed the order rejecting furlough; directed release on furlough within seven days upon furnishing surety.

Vilas Maroti Kinake Vs Dy. Inspector General (Prisons) East… — Bail and Remand | Bombay HC (2018)

¶1

1 cwp121.18.odt

¶2

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

¶3

CRIMINAL WRIT PETITION NO.121 OF 2018

¶4

[Vilas Maroti Kinake .vs. Dy. Inspector General (Prisons), Nagpur and one]

¶5

¶6

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

¶7

Court's or Judge's orders

¶8

¶9

Shri G.S. Agrawal, Counsel (Appointed) for the petitioner, Mrs. Tripathi, APP for the respondents-State.

¶10

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ. DATED : APRIL 20, 2018.

¶11

Heard.

¶12

By this criminal writ petition the petitioner challenges the order of the DIG Prisons, Nagpur dated 21.11.2017 rejecting the application of the petitioner for furlough leave.

¶13

The furlough leave application of the petitioner is rejected on two grounds. According to the DIG Prisons, the appeal filed by the petitioner against the judgment of his conviction is pending and hence he would not be entitled to furlough leave in view of Rule 4 (11) of the Prisons (Bombay Furlough and Parole) Rules, 1959. The furlough leave application is rejected as the petitioner had surrendered belatedly by two days in the year 2015 when he was released on furlough leave.

¶14

We do not find any propriety in the rejection of the furlough leave application of the petitioner on both the grounds. Merely because an appeal filed by the prisoner is pending, furlough leave cannot be denied to him. Rule 4 (11) of the Rules is challenged in a number of criminal writ petitions and in those petitions, this court has directed the release of the petitioners in those cases on furlough after prima facie holding that the provisions of Rule 4 (11) of the Rules are arbitrary and unreasonable. Also, merely because the petitioner had

¶15

2 cwp121.18.odt

¶16

surrendered belatedly by two days, the furlough leave application cannot be refused, more so when the petitioner has applied again for grant of furlough leave after nearly three years.

¶17

For the reasons aforesaid, the criminal writ petition is allowed. The impugned order is quashed and set aside. The respondents are directed to release the petitioner on furlough leave within seven days from the date on which his relative furnishes the surety as is required under Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959. Order accordingly.

¶18

JUDGE

¶19

JUDGE

¶20

Gulande

Vilas Maroti Kinake v. Dy. Inspector General (Prisons) East Division Nagpur and Another

Case brief

What is this about?

What did the court decide?

Vilas Maroti Kinake v. Dy. Inspector General (Prisons) East Division Nagpur and Another

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

Similar cases

Shri Shyamkishore S/O Ramnarayan Jaiswal and Another Vs Shri. Ganeshji S/O Ramchandra Naik

Nahush S/O Sanjio Dodke Vs State of Maha. Thr. Principal Secretary, Tribal Development Dept., Mumbai and Others

Dr. Rajeshree W/O. Vilas Tayde Vs State of Maharashtra Thr. Police Station Officer Police Station Ambazari Nagpur and Another

Ganesh S/O. Harikisan Chhangani Vs State of Maharashtra Thr. Secretary Department of Home Manatralaya Mumbai and Others

Shri. Vencil Roy Miranda (in Jail) Vs the State of Maharashtra Thr the Secretary Ministry of Home Department Mantralaya Mumbai and Anothe

Sangeet Rajaram Ingale (in Jail) Vs Deputy Inspepctor General of Prison, Easter Region Nagpur and Another