The High Court rejected a criminal writ petition filed by a prisoner seeking grant of furlough, holding that the denial under the 1959 Rules was correct as the disqualification applied.
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.
WP.38-2019.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 38 OF 2019
Babasaheb Baban Raskar
..Petitioner
Vs
The State of Maharashtra & Anr.
..Respondents
Through Jail. Ms. M.H. Mhatre, APP for the State.
CORAM : A.S. OKA & A.S.GADKARI, J.J.
DATE : 14th February 2019.
P.C.:
1] On 11th February 2019, the Advocate for the petitioner was present and after hearing him, the petition is adjourned till today. The petitioner applied for grant of furlough under the Prisons (Bombay Furlough and Parole) Rules, 1959 (for short “the Rules of 1959”).
2] The furlough has been denied to the petitioner by invoking sub Rule (4) of Rule 4 of the Rules of 1959. The petitioner was granted furlough on 22nd June 2002. The petitioner did not report to the jail and on 25th October 2013 (after lapse of 4127 days), the petitioner was arrested by the police and brought to the jail.
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WP.38-2019.doc
3] This disqualification of the petitioner under subRule (4) of Rule 4 of the Rules of 1959. Though it is pointed out that on 26th November 2015 parole was granted to the petitioner, on the relevant date, the disqualification for grant of furlough was not applicable to the grant of parole.
4] We do not find any error in the impugned Order. The writ petition is accordingly rejected.
(A.S.GADKARI, J.) (A.S. OKA, J.)
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1 issue framed by the court
Whether the petitioner is disentitled from grant of furlough under the Prisons (Bombay Furlough and Parole) Rules, 1959.
1 provisions across 1 enactments
Babasaheb Baban Raskar
The State of Maharashtra
A.S. OKA
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
