Narendra S/O Udaram Mendhe (In ... vs State Of Maharashtra Through Its ...
2016 Latest Caselaw 1681 Bom

                                           1              CWP 178.16 [J].odt        



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                                   NAGPUR BENCH : NAGPUR




                                                   
                  CRIMINAL WRIT PETITION NO.178 OF 2016
                                    ...




                                                  
    Narendra s/o Udaram Mendhe,
    Convict No. C-207, Open Prison,
    Morshi, Dist. Amravati.                       ..             PETITIONER




                                               
                                   .. Versus ..
                             
    1. State of Maharashtra, through
       its Secretary, Home Department,
       Mantralay, Mumbai.
                            
    2. The Superintendent of Police,
       Open Prison, Morshi,
       District - Amravati.                       ..            RESPONDENTS
      
   



    Ms. M.S. Hiwase, Advocate (Appointed) for Petitioner.
    Mr. M.K. Pathan, APP for Respondents.

                                   ...





                  CORAM : B.R. Gavai & Mrs. Swapna Joshi, JJ.

DATED : April 20, 2016.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2. The controversy in the present petition is no more res

integra. The Division Bench of this Court vide judgment dated

2 CWP 178.16 [J].odt

28.11.2014 in Criminal Writ Petition No. 739/2014 (Satyanarayan

Jagdishprasad Agrawal .vs. The State of Maharashtra and

another) has held that since the provisions in the Notification

dated 23.04.2012 are beneficial in nature, same would also be

applicable in the case of extending the period of furlough prior to

23.04.2012.

3. In that view of the matter, writ petition is allowed. It is

held that the petitioner would be entitled to the benefits of the

amended Rule even in the case of extended period of furlough

granted prior to 23.04.2012.

4. Fees payable to the learned counsel appointed for the

petitioner are quantified at Rs.1500/-.

(Mrs. Swapna Joshi, J. ) (B.R. Gavai, J.) ...

Gulande, PA