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2015 Supreme(Online)(Bom) 32

BOMBAY HIGH COURT
, J
Raju @ Rajabhau Bhagwantrao Wankhede – Appellant
Versus
D.I.G. (Prisons) (E)(R), Nagpur – Respondent


Advocates:
For the Appellants/Petitioners: Ms. S. H. Bhatia, Shri C. S. Kaptan
For the Respondents: learned APPs

1. Rule. Rule made returnable forthwith. The writ petitions are heard finally with consent of the parties.

2. Raju @ Rajabhau Bhagwantrao Wankhede is a convict undergoing sentence of life imprisonment for the offence punishable under S.302 of the Indian Penal Code in Central Prison at Amravati. He had sent an application seeking furlough for meeting his family members, which was rejected by the respondent no. 1 on 14.2.2014 inter alia on the ground that on earlier occasion, when the petitioner was released on parole / furlough, he had overstayed the leave and on some of these occasions, he was even required to be arrested and brought back to the prison. Raju Wankhede has challenged this order in Criminal Writ Petition No. 220/2014. That petition is registered on the basis of a letter sent by the said prisoner, in which, we had appointed Ms. S. H. Bhatia to espouse the cause of the petitioner. That petition was amended on 17.4.2014 introducing a challenge to R.4 (10) of the Prisons (Bombay Furlough and Parole) Rules, 1959 (1959 Rules for short) being ultra vires on account of violation of fundamental rights. In that view of the matter, by an order dated 21.4.2014, notice was issued t
































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