Netalal Tumchand Damahe (In Jail) vs State Of Maharashtra Through The ...
2016 Latest Caselaw 1823 Bom

                                                             1                                             CWP.1008.15.odt

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                         
                                         NAGPUR BENCH, NAGPUR.

                          CRIMINAL WRIT PETITION NO. 1008 OF 2015.




                                                                           
         Netalal Fulchand Damahe,
         Convict No. C-8257, Detained




                                                                          
         in Central Prison, Nagpur,
         District Nagpur.                                        ......                            PETITIONER.

                          ....Versus....




                                                        
         1]   The State of Maharashtra, through 
                                
              the Deputy Inspector General of Prison,
              Eastern Region, Nagpur,
                               
         2] The Superintendent of Central Prison, 
            Nagpur, District Nagpur. 

         3] Police Station Officer, Police
      

            Station, Davaniwada, 
            District Gondia.               .....                                              RESPONDENTS.
   



         Ms. S.B. Saikhede, Advocate (appointed) for petitioner,
         Mrs. N.R. Tripathi, Additional Public Prosecutor for respondents.





                               CORAM :  B.R. GAVAI & MRS. SWAPNA JOSHI, JJ.

DATED : APRIL 25, 2016.

ORAL JUDGMENT (PER B.R. GAVAI, J.)

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

                                                                2                                             CWP.1008.15.odt

         2]                 The petitioner has approached this Court being aggrieved




                                                                                                           

by the rejection of his application for furlough.

3] The petition is opposed by the learned Additional Public

Prosecutor for respondents. He further submits that the petitioner

had surrendered belatedly on earlier occasions and as such, he is not

entitled to be released on furlough.

4]

The perusal of the record would reveal that though the

petitioner has surrendered belatedly on earlier occasions, he has

surrendered himself. So far as surrendering late is concerned, the

authorities are always entitled to take such action as is permissible in

law.

5] In that view of the matter, we find that the petition

deserves to be allowed. The petitioner is directed to be released on

furlough for a period of two weeks on furnishing a competent surety.

The petition stands allowed. Rule is made absolute in the above

terms. Fees payable to the learned Counsel appointed for the

petitioner are quantified at Rs.1500/-.

        J.                           JUDGE.                                                    J
                                                                                                 UDGE.