Kiran Kesari Vaity v. State of Maharashtra
Case brief
What is this about?
Kiran Kesari Vaity v. The State of Maharashtra, High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, Criminal Writ Petition No. 230 of 2025, decided 20th March 2025, coram Revati Mohite Dere & Dr. Neela Gokhale, JJ. (order per Dr. Neela Gokhale, J.). Furlough leave refusal to rape convict serving 20-year sentence for offences under Section 376(2)(j) IPC and Section 6 POCSO Act (POCSO Case No. 12 of 2017, judgment dated 21st December 2017). Rule 4(12) of the Maharashtra Prisons (Mumbai Furlough and Parole) (Amendment) Rules, 2018 disqualifying prisoners convicted of rape; Prisons Act (IX of 1894); NDPS Act reference within Rule 4(12) text; rejection orders of DIG of Prisons Nashik (27.06.2024) and IG of Prisons Pune (03.09.2024) upheld; petition filed through jail; dismissed.
What did the court decide?
The Rules framed by the Home Department of the State of Maharashtra in exercise of its powers under the Prisons Act (IX of 1894), as applicable to the Petitioner himself, prohibit grant of furlough leave in certain categories of offences, including the offence of rape of which the Petitioner stands convicted.