Shri. Shekhar S/O. Bhimrao ... vs State Of Maharshtra Thr. Deputy ...

Citation : 2017 Latest Caselaw 1960 Bom
Judgement Date : 24 April, 2017

Bombay High Court
Shri. Shekhar S/O. Bhimrao ... vs State Of Maharshtra Thr. Deputy ... on 24 April, 2017
Bench: B.P. Dharmadhikari
                                                        1                         crwp90.17.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH AT NAGPUR

                     CRIMINAL WRIT PETITION NO.90/2017

      Shri Shekhar s/o Bhimrao Meshram,
      (In Jail), Convict No. C-8151, 
      Central Prison, Nagpur.                                     .....PETITIONER

                                 ...V E R S U S...

 1. State of Maharashtra, through
    Deputy Inspector General of Prison,
    Nagpur.

 2. Superintendent, Central Jail,
      Nagpur.                                                     ...RESPONDENTS
 ---------------------------------------------------------------------------------------------------
 Mr. N. Meshram, Advocate for petitioner.
 Mrs. N. Tripathi, A.P.P. for respondents.
 --------------------------------------------------------------------------------------------------
                                   CORAM:-      B. P. DHARMADHIKARI AND
                                                  V. M. DESHPANDE, JJ.

DATED :- APRIL 24, 2017 ORAL JUDGMENT (Per : V. M. Deshpande, J.)

1. Rule. Rule returnable forthwith. Heard finally by consent of the parties.

2. Since the application for furlough filed by the petitioner is rejected by the authorities, the petitioner is before this Court.

3. The ground for rejection of the application is that in the year 2011, when furlough was granted in favour of the petitioner, that time the petitioner reported late by 402 days and he was required to be brought to the prison.

Though, this reason was very much there, in the year 2016, the petitioner was released on parole and he himself surrendered on ::: Uploaded on - 25/04/2017 ::: Downloaded on - 26/04/2017 00:43:46 ::: 2 crwp90.17.odt due that. That shows that the petitioner's earlier act was condoned by the prison authorities.

4. In that view of the matter, the writ petition is allowed. The petitioner be released on furlough after getting necessary bond executed from him within a period of three weeks.

Rule is made absolute in the above terms. (V. M. Deshpande, J.) (B. P. Dharmadhikari, J.) kahale ::: Uploaded on - 25/04/2017 ::: Downloaded on - 26/04/2017 00:43:46 :::