16. cri wp 501-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 501 OF 2017
Vishal Baban Vanne .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner
Mr. H.J. Dedia APP for the State
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CORAM : SMT. V.K. TAHILRAMANI &
REVATI MOHITE DERE, JJ.
DATE : MARCH 1, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 17.11.2014. The said application was granted by order dated 1.10.2015. Pursuant to the said order, the petitioner was released on furlough for a period of 14 days i.e from 8.11.2015 to 21.11.2015. On 16.11.2015, the petitioner preferred an application for extension of furlough by a jfoanz vkacsjdj 1 of 3 ::: Uploaded on - 03/03/2017 ::: Downloaded on - 05/03/2017 00:49:13 :::
16. cri wp 501-17.doc further period of 14 days i.e from 22.11.2015 to 5.12.2015. The said application was rejected by order dated 17.12.2015, hence, this petition.
3. It is an admitted fact that the application for extension of furlough was made within time. It is also an admitted fact that the petitioner has himself surrendered back to the prison on 6.12.2015 that is as soon as 14 days period was over.
4. Learned counsel for the petitioner submitted that as the petitioner did not get any reply to his application, he surrendered back to the prison on his own on 6.12.2015. The extension was sought on the ground that the petitioner was suffering from acute appendicitis. The application came to be rejected on the ground that after 14.11.2015, no medical papers relating to sonography or other tests were produced by the petitioner.
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16. cri wp 501-17.doc
5. The medical papers of the petitioner show that he has undergone sonography of the abdomen which shows that he was suffering from sub-acute appendicitis. The sonography report is dated 1.12.2015. Looking to all these facts, on humanitarian ground, we are inclined to extend the furlough by a period of 14 days that is from 22.11.2015 to 5.12.2015.
6. Any prison punishment imposed on account of overstay is set aside.
7. If security deposit is forfeited, the same be returned back to the petitioner.
8. Rule is made absolute in the above terms.
9. Office to communicate this order to the petitioner who is lodged in Kolhapur Central Prison, Kalamba.
[ REVATI MOHITE DERE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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