Allowed

Nanaji S/O. Hagru Shingade (in Jail) v. State of Maharashtra Thr. Deputy Inspector General of Police (Prisons) (East Div) Nagpur and Anothe

Bombay HC9 Apr 2018WP/205/2018

Case brief

AI extract

What is this about?

The High Court held that Rule 4(11) of the Prisons Rules, which bars furlough for prisoners with pending appeals, is arbitrary. The Court quashed the rejection of the petitioner's furlough application and directed his release forthwith upon furnishing surety.

What did the court decide?

The impugned order rejecting furlough is quashed. The petitioner is directed to be released on furlough within seven days of furnishing surety as per Rule 6.

Nanaji S/O. Hagru Shingade (in Jail) Vs State of Maharashtra… — Bail and Remand | Bombay HC (2018)

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1 cwp205.18.odt

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

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CRIMINAL WRIT PETITION NO.205 OF 2018

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[Nanaji s/o Hagru Shingade .vs. State of Maharashtra and one]

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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 R.D. Hajare, counsel (appointed) for the petitioner, Mrs. Tripathi, APP for the respondents.

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CORAM : SMT. VASANTI A NAIK AND

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MRS. SWAPNA JOSHI, JJ

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DATED : APRIL 09, 2018.

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Heard.

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By this criminal writ petition the petitioner challenges the order of the D.I.G. Prisons, Nagpur dated 20.9.2017 rejecting the application of the petitioner for grant of furlough leave.

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The furlough leave application of the petitioner is rejected only on the ground that the appeal filed by the petitioner against the order of his conviction is pending in the High Court.

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Rule 4 (11) of the Prisons (Bombay Furlough and Parole) Rules, 1959 provides that furlough leave may not be granted to a prisoner whose appeal against his conviction is pending. In a number of criminal writ petitions, this court has after prima facie finding that the rule is arbitrary and unreasonable, granted furlough leave to several prisoners. Merely because the appeal filed by a prisoner is pending, furlough leave cannot be denied to him. We find that the police report is favorable to the petitioner and the only reason for rejecting his furlough leave application is that the appeal filed by him is pending in the High Court. It is also stated on behalf of the petitioner that the appeal filed by the petitioner in the High Court is dismissed.

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In the circumstances of the case, the criminal writ petition is allowed. The impugned order is quashed and set aside. The

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2 cwp205.18.odt

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respondents are directed to release the petitioner on furlough within seven days from the date on which the relative of the petitioner furnishes the surety, as is required by Rule 6 of the Prisons (Bombay Furlough and Parole) Rules, 1959. Order accordingly.

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JUDGE JUDGE

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Gulande

Nanaji S/O. Hagru Shingade (in Jail) v. State of Maharashtra Thr. Deputy Inspector General of Police (Prisons) (East Div) Nagpur and Anothe

Case brief

What is this about?

What did the court decide?

Nanaji S/O. Hagru Shingade (in Jail) v. State of Maharashtra Thr. Deputy Inspector General of Police (Prisons) (East Div) Nagpur and Anothe

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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