ASGAR KADAR SHEIKH Vs. DEPUTY INSPECTOR GENERAL

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally with the consent of the learned counsels appearing for the parties.

(2.) The challenge in this petition is to the order dated 05/04/2017 passed by the respondent No.1 - Deputy Inspector General (Prisons), Nagpur rejecting the claim of the petitioner for grant of furlough leave for a period of 28 days. The rejection of the claim is based upon Rule 4 (13) of the Prisons (Bombay Furlough and Parole) Rules, 1959 as amended by the Government Notification dated 26/08/2016 which is reproduced below.

(3.) Shri Joshi, learned A.P.P. invites our attention to the stand taken by the respondents that the petitioner is a convict under 1997 Bombay Blast Case and was convicted not only for the offence of murder under Section 302 of the Indian Penal Code, but also for the criminal conspiracy under Section 120B of the Indian Penal Code. According to the respondents, the conviction of the petitioner is covered by the expression "Terrorist Crimes" under Rule 4(13) reproduced above and therefore, complete bar operates to release him on parole or furlough leave.