1 jg.cri.wp.975.17.odt
THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No. 975 of 2017
Gulshan Bi Ayub Shah,
C-4020, Detained at Central Prison,
Amravati. ... Petitioner
VERSUS
(1) State of Maharashtra,
Through the Secretary,
Department of Home,
Mantralaya, Mumbai - 32.
(2) Superintendent,
Central Prison, Amravati.
(3) Deputy Inspector General of Prison,
Eastern Region, Nagpur. ... Respondents
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Mrs. S. S. Dhote, Advocate for petitioner (appointed)
Mrs. M. H. Deshmukh, Additional Public Prosecutor for the respondents
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CORAM : R. K. DESHPANDE AND
M. G. GIRATKAR, JJ.
DATE : 13-12-2017 ORAL JUDGMENT (Per : R. K. Deshpande, J.) Rule made returnable forthwith. Heard by consent of the learned counsels appearing for the parties. ::: Uploaded on - 14/12/2017 ::: Downloaded on - 15/12/2017 02:05:49 :::
2 jg.cri.wp.975.17.odt
2. The furlough leave application filed by the petitioner was rejected on 4-3-2017 on the ground that the appeal against conviction filed by the petitioner is pending. Such reason cannot be sustained and the order will have to be set aside in the absence of there being any other valid reason to reject the application. The petitioner is entitled to release on furlough leave for a period of 28 days. In the result, the order passed by the respondent no. 3 dated 4-3-2017 is hereby quashed and set aside. The petitioner is held entitled for furlough leave for a period of 28 days with effect from 25-12-2017 on such terms and conditions which the authorities may deem fit to impose.
3. Rule is made absolute in aforesaid terms with no order as to costs.
4. Fees of the learned counsel appearing for the petitioner is quantified at Rs. 1500/-.
JUDGE JUDGE
wasnik
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