Allowed

Dinkar Uttam Gharte (C-5546) v. the Inspector General of Prisons Pune

Bombay HC26 Jul 2024WP/1240/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Aurangabad allowed a criminal writ petition filed by a convict in open prison requesting furlough leave without complying with the requirement of executing personal and surety bonds. The court relied on a Full Bench judgment establishing that such bonds can be dispensed with for open prison convicts.

What did the court decide?

Petition allowed; order of Respondent dated 28.06.2024 quashed; directed Respondent to release Petitioner on furlough for 28 days without requiring personal or surety bond.

Dinkar Uttam Gharte (C-5546) Vs the Inspector… — Pension and Retirement Benefits | Bombay HC (2024)

¶1

1 942CrWP1240.2024.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

942 CRIMINAL WRIT PETITION NO. 1240 OF 2024

¶4

Dinkar Uttam Gharte (c-5546)
VERSUS

¶5

The Inspector General Of Prisons Pune

¶6

Mr. Rupesh A. Jaiswal - Advocate for the Petitioner
Mr. V. K. Kotecha - APP for Respondents

¶7

CORAM : R. G. AVACHAT

¶8

AND

¶9

NEERAJ P. DHOTE, JJ.

¶10

DATED : 26TH JULY, 2024

¶11

PER COURT : -

¶12

1. The Petitioner has prayed for the following reliefs:

¶13

A] This Criminal Writ Petition may kindly be allowed.

¶14

B] To quash and set aside order of Respondent No. 1 dated 28.06.2024 and thereby direct Respondent No. 2 to release Petitioner on furlough leave for 28 days on Personal Release Bond and or,

¶15

C] To grant any other equitable and suitable relief which this Hon’ble Court deems fit, by allowing the petition, and, or.

¶16

2.Learned advocate for the Petitioner submits that, the
concerned authority has granted the application of the Petitioner for
grant of furlough subject to his furnishing personal bond in the sum of
Rs.5,000/- and surety bond by one surety in the sum of Rs.5000/-. He
submits that, in view of the Judgment delivered by the Full Bench of this

¶17

2 942CrWP1240.2024.odt Court in the case of Dipak s/o Sudhakar Wakalekar Vs. State of

¶18

Maharashtra & Ors., 2011 ALL MR (Cri) 1933, the Petitioner is entitled

¶19

for the said leave without submitting surety, since the Petitioner is in
open prison.

¶20

3.Learned APP opposes the Application, however, he does not
dispute the said legal position laid down in the judgment relied upon by
the learned advocate for the Petitioner.

¶21

4.The issue involved in the said case has been answered by
the Full Bench Judgment (cited supra) as follows : -

¶22

“23.In the light of the discussion made above, we hold that as per the proviso to rule 6 of the Rules 1959 a convict confined in open prison can be released on furlough by the sanctioning authority by dispensing with the requirement of execution of bond by the relatives.”

¶23

5. In view of above, we allow the petition in terms of prayer

¶24

clause ‘B’ thereof.

¶25

 [NEERAJ P. DHOTE] [R. G. AVACHAT]
 JUDGE JUDGE

¶26

SG Punde

¶27

Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 31/07/2024 18:48:28

Dinkar Uttam Gharte (C-5546) v. the Inspector General of Prisons Pune

Case brief

What is this about?

What did the court decide?

Dinkar Uttam Gharte (C-5546) v. the Inspector General of Prisons Pune

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pramod Prabhakar Narkhede Vs the State of Maharashtra and Others

Jaysingh Jabbu Pawara Vs the State of Maharashtra and Others

Anmolsingh S/O Suvarnasingh Jabbal Vs Divisional Commissioner

The New India Assurance Co. Ltd. through Its Branch Manager Vs Deepali Devidas Gaikwad and Others

The New India Assurance Co. Ltd. through Its Branch Manager Vs Deepali Devidas Gaikwad and Others

Keshar Ramcharan Jaiswal Vs Tukaramji Keshav Shikshan Sanstha Thr Head Master and Ors.