CWP80.17.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.80 OF 2017
Bhuraji Shankar Sonbarse,
C-584, District Prison,
Class-I, Wardha. .. PETITIONER
.. Versus ..
1] Superintendent,
District Wardha Prison,
Class-I, District-Wardha.
2] Deputy Inspector General of
Prison (DIG),
Eastern Region, Nagpur. .. RESPONDENTS
..........
Mrs. Sneha S. Dhote, Advocate [Appointed] for the petitioner,
Shri M.J. Khan, APP for the respondents.
..........
CORAM : B.R. GAVAI AND
KUM. INDIRA JAIN, JJ.
DATED : MARCH 10, 2017.
ORAL JUDGMENT : (Per : B.R. GAVAI, J.) 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 by the rejection of his application for grant of furlough.
::: Uploaded on - 14/03/2017 ::: Downloaded on - 15/03/2017 00:40:04 ::: CWP80.17.odt 2 3] The application is rejected only on the ground that the petitioner has surrendered belatedly when he was released on parole on 25.7.2016. 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. Fees of the learned counsel appointed on behalf of the petitioner are quantified at Rs.1500/-.
(Kum. Indira Jain, J.) (B.R. Gavai, J.) Gulande ::: Uploaded on - 14/03/2017 ::: Downloaded on - 15/03/2017 00:40:04 :::