1 WP38-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.38/2016
...
Yograj Bhavrao Hatwar,
Convict No.C-8198
(Presently at Central Prison,
Nagpur, Dist. Nagpur. _ .. PETITIONER
.. Versus ..
1. State of Maharashtra through
the Deputy Inspector General of
Prisons Eastern Region, Nagpur.
2. The Superintendent of Prison,
Central Prison, Nagpur,
Dist. Nagpur. .. RESPONDENTS
Ms. M.D. Tembhurne, Advocate (Appointed) for Petitioner.
Mrs. S.S. Jachak, APP for Respondents.
.....
CORAM : B.R. Gavai & Mrs. Swapna Joshi, JJ.
DATED : April 27, 2016.
ORAL JUDGMENT (per B.R. Gavai, J. )
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.
2. The petitioner has approached this Court being aggrieved ::: Uploaded on - 28/04/2016 ::: Downloaded on - 29/07/2016 23:59:48 ::: 2 WP38-16.odt by the rejection of his application for grant of furlough.
3. The application is rejected only on the ground that the petitioner has surrendered belatedly when he was earlier released on furlough/parole. However, it is to be noted that the petitioner has surrendered himself and was not required to be arrested.
Insofar as surrendering belatedly is concerned, the petitioner must have already been penalized for the late surrender.
4. In that view of the matter, we are inclined to allow the writ petition. The petitioner is directed to be released on furlough for a period of two weeks after following the procedure prescribed in law. Rule is made absolute in the above terms.
5. The fees payable to the learned counsel appointed for the petitioner are quantified at Rs.1500/-.
(Mrs. Swapna Joshi, J. ) (B.R. Gavai, J.) ...
halwai/p.s.
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