Case Note & Summary
The petitioner, Bharat s/o Bahadur Ingale, a life convict lodged in Open Prison, Paithan, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Bench, challenging an order dated 30.10.2012 passed by the Home Department of the State of Maharashtra. By the impugned order, the petitioner was placed in category 2(c) of the guidelines issued by the Government of Maharashtra, Home Department, on 15.3.2010 under a resolution. The petitioner sought re-categorization to a more favorable category for the purpose of furlough eligibility. The court heard learned counsel for the petitioner, Shri V.M. Lomte, and the learned APP, Smt. A.V. Gondhalekar, for the respondents. The court observed that the impugned order did not adequately consider the facts and circumstances of the case, including the petitioner's conduct and other relevant factors. The court set aside the order dated 30.10.2012 and directed the State to reconsider the petitioner's classification afresh, taking into account all relevant aspects, within a period of four weeks from the date of the order. The petition was allowed, and rule was made absolute accordingly.
Headnote
A) Prisons - Furlough - Classification under Government Resolution - The petitioner, a life convict, challenged the order placing him in category 2(c) of the Government Resolution dated 15.3.2010 issued by the Home Department, Maharashtra. The court held that the State must reconsider the petitioner's classification in light of the facts and circumstances of the case, as the impugned order did not adequately consider the petitioner's conduct and other relevant factors. (Paras 3-5)
Issue of Consideration
Whether the petitioner, a life convict, is entitled to be placed in a different category under the Government Resolution dated 15.3.2010 for the purpose of furlough eligibility.
Final Decision
The petition is allowed. The impugned order dated 30.10.2012 is set aside. The State is directed to reconsider the petitioner's classification afresh, taking into account all relevant aspects, within a period of four weeks from the date of the order. Rule is made absolute accordingly.
Law Points
- Government Resolution dated 15.3.2010
- Category 2(c) classification
- Furlough eligibility
- Life convict
- Re-categorization
Case Details
2013 LawText (BOM) (03) 6
Criminal Writ Petition No.33/2013
Naresh H. Patil, A.V. Nirgude
Shri V.M. Lomte (for petitioner), Smt. A.V. Gondhalekar (APP for respondents)
Bharat s/o Bahadur Ingale
The State of Maharashtra, The Presiding Officer, Home Department, Mantralaya, Mumbai32
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Nature of Litigation
Criminal Writ Petition challenging the order of the Home Department placing the petitioner in category 2(c) of the guidelines under Government Resolution dated 15.3.2010.
Remedy Sought
The petitioner sought re-categorization to a different category for furlough eligibility.
Filing Reason
The petitioner, a life convict, was placed in category 2(c) under the Government Resolution dated 15.3.2010, which he challenged as not considering the facts of his case.
Previous Decisions
The impugned order dated 30.10.2012 was passed by the Home Department, State of Maharashtra.
Issues
Whether the petitioner's classification under category 2(c) of the Government Resolution dated 15.3.2010 was proper.
Whether the State should reconsider the petitioner's classification for furlough eligibility.
Submissions/Arguments
The learned counsel for the petitioner submitted that considering the facts of the case and the conduct of the petitioner, he ought to be placed in a different category.
The learned APP opposed the petition, arguing that the classification was correctly made.
Ratio Decidendi
The State must consider all relevant facts and circumstances, including the conduct of the convict, before classifying him under a particular category for furlough eligibility under the Government Resolution dated 15.3.2010.
Judgment Excerpts
Heard learned counsel for the parties.
The petitioner, who is a life convict, challenges the order dated 30.10.2012 of the Home Department of the State of Maharashtra.
Under the impugned order passed by the State, the petitioner was placed in category 2(c) of the guidelines issued by the Government of Maharashtra, Home Department, on 15.3.2010 under a resolution.
Procedural History
The petitioner filed Criminal Writ Petition No.33/2013 before the Bombay High Court, Aurangabad Bench, challenging the order dated 30.10.2012 of the Home Department, State of Maharashtra. The court heard the matter on 20.03.2013 and allowed the petition.
