Sachin Bhaiyyalal Khobragade (In ... vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 1871 Bom

                                           1               CWP152.16 [J]odt         




                                                                           
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH : NAGPUR




                                                   
                  CRIMINAL WRIT PETITION NO.152 OF 2016




                                                  
    Sachin Bhaiyyalal Khobragade
    Convict No.C/5789,
    District Prison, Chandrapur,
    Chandrapur.                                   ..             PETITIONER




                                               
                                   .. Versus ..


    1]
                             
          The D.I.G. Prisons (E) (R)
          District, Nagpur.
                            
    2]    The Superintendent,
          District Prison, Chandrapur,
          District Chandrapur.                    ..            RESPONDENTS
      
   



    Ms. R.V. Ramteke, Advocate [Appointed] for Petitioner.
    Ms. N.R. Tripathi, APP for Respondents.
                         .....





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

DATED : April 26, 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 petitioner has approached this Court being aggrieved

by the rejection of his application for grant of furlough.

                                       2                     CWP152.16 [J]odt         




    3]            The application is rejected only on the ground that the




                                                                            

petitioner has surrendered belatedly when he was released on

furlough on 1.10.2009, 18.5.2010, 24.1.2012, 9.7.2013 and

27.2.2015. 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.

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

Gulande, PA