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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

Table of Content
1. overview of petitions for furlough. (Para 1 , 2 , 3)
2. constitutional objections against furlough rule. (Para 4 , 5 , 6)
3. interpretation of statutory furlough rules. (Para 7 , 8 , 9)
4. assessment of prisoners' rights under the constitution. (Para 10 , 19)
5. rule application considering individual prisoner circumstances. (Para 11 , 12 , 14 , 18)
6. final decision mandating reconsideration of petitions. (Para 20)

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 registere
































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