Allowed

Dashrath Dharmaji Debur v. Sepecial Police Inspector General Prison ( East Region), Nagpur and Another

Bombay HC4 Oct 2024WP/612/2024

Case brief

AI extract

What is this about?

Convict's furlough leave was denied on the ground that he refused carpentry work in prison. The court found this purely factual, noted his assurance to work henceforth, quashed the rejection order and directed release on furlough with suitable conditions.

What did the court decide?

Impugned order dated 07.06.2024 quashed; petitioner to be released on furlough leave subject to suitable conditions; consequential order within four weeks.

Dashrath Dharmaji Debur Vs Sepecial Police Inspector General… — Bail and Remand | Bombay HC (2024)

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2024:BHC-NAG:11116-DB

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1 930 wp 612.24

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

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CRIMINAL WRIT PETITION NO. 612/2024

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(Dashrath Dhramaji Debur Vs. Special Police Inspector General Prison (East Region), Nagpur & anr.)

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

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Mrs. Ratna Singh, Advocate for petitioner. Mrs. N. Tripathi, APP for respondent Nos. 1 and 2.

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CORAM: VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.

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DATED : 04/10/2024.

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Heard.

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The petitioner has applied for grant of furlough leave which was rejected for the reason that the petitioner did not work in the prison and thus, in terms of Rule 4(6) of the Bombay Furlough and Parole Rules 2018, the petitioner is not eligible. The learned counsel for petitioner would submit that the said reason is not tenable as there is no sufficient work in the prison. The record indicates that carpentry work is available to the petitioner which the petitioner has refused to do so. It is purely factual aspect as to whether work was not available or the petitioner has refused. The petitioner is in Jail from last four years. The petitioner assures to do the assigned work in future.

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2 930 wp 612.24

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In the above circumstances, we are inclined to release the petitioner on furlough leave. Hence, petition is allowed. We hereby quash and set aside the impugned order dated 07.06.2024. The respondents are directed to release the petitioner on furlough leave by imposing suitable conditions as it deems fit.

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Consequential order be passed within four weeks from the receipt of this order.

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Petition stands disposed of in above terms.

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( MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)

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Gohane

Dashrath Dharmaji Debur v. Sepecial Police Inspector General Prison ( East Region), Nagpur and Another

Case brief

What is this about?

What did the court decide?

Dashrath Dharmaji Debur v. Sepecial Police Inspector General Prison ( East Region), 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

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