1 wp1000.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 1000 OF 2017
Roshan Kishor Sahakar,
Convict No.C/7536, Occ. Nil,
Confined at Central Prison,
Nagpur. .......... PETITIONER
// VERSUS //
1. State of Maharashtra,
through PSO, Police Station,
Pachpaoli, Nagpur.
2. The Superintendent,
Central Prison, Nagpur.
3. State of Maharashtra,
Through Deputy Inspector
General, Prison, Eastern
Region, Nagpur. .......... RESPONDENTS
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____________________________________________________________
Ms S.D.Wankhede, Advocate for the Petitioner.
Mr.M.J.Khan, A.P.P. for Respondent Nos. 1 and 2.
____________________________________________________________
CORAM : R.K.DESHPANDE
AND
M.G.GIRATKAR, JJ.
DATED : 5th January, 2018.
ORAL JUDGMENT (Per R.K.Deshpande, J) :
1. Rule made returnable forthwith. Heard finally with the consent of learned Counsel appearing for the parties.
2. The claim in this petition is for grant of furlough for atleast seven days on compensatory ground. Mr.M.J.Khan, learned A.P.P. is unable to point out to us disentitlement on the part of the applicant to claim such furlough leave for seven days on compensatory ground. It is, however, urged that the petitioner had demanded some amount from complainant Ajay Thakre, which amount was deposited in his bank account and wife of said complainant had also given cash by hand to the petitioner. We do not find any allegation of using force, assault or committing any ::: Uploaded on - 05/01/2018 ::: Downloaded on - 06/01/2018 02:10:51 ::: 3 wp1000.17.odt criminal act by the petitioner. In the absence of this, we do not find any reason to reject the claim of petitioner.
3. In the result, the Writ Petition is allowed. Rule is made absolute in terms of prayer clause (1) of this petition, which is re- produced below subject to such terms and conditions which the Authorities competent may deem fit to impose.
"1) release the petitioner on furlough at least seven days on compensatory ground. "
The petitioner be released on 8th January, 2018 upon compliance of all the formalities.
No order as to costs.
JUDGE JUDGE [jaiswal] ::: Uploaded on - 05/01/2018 ::: Downloaded on - 06/01/2018 02:10:51 ::: 4 wp1000.17.odt ::: Uploaded on - 05/01/2018 ::: Downloaded on - 06/01/2018 02:10:51 :::