Yograj Bhavrao Hatwar (In Jail) vs State Of Maharashtra, Thr. The ...
2016 Latest Caselaw 1925 Bom

                                           1                    WP38-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                           
                                   NAGPUR BENCH : NAGPUR




                                                   
                      CRIMINAL WRIT PETITION NO.38/2016
                                     ...


    Yograj Bhavrao Hatwar,




                                                  
    Convict No.C-8198
    (Presently at Central Prison,
    Nagpur, Dist. Nagpur. _                       ..             PETITIONER




                                               
                                   .. Versus ..
                             
    1. State of Maharashtra through
       the Deputy Inspector General of
                            
       Prisons Eastern Region, Nagpur.

    2. The Superintendent of Prison,
       Central Prison, Nagpur,
       Dist. Nagpur.                              ..            RESPONDENTS
      
   



    Ms. M.D. Tembhurne, Advocate (Appointed) for Petitioner.
    Mrs. S.S. Jachak, APP for Respondents.

                                   .....





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

DATED : April 27, 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

2 WP38-16.odt

by the rejection of his application for grant of furlough.

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

petitioner has surrendered belatedly when he was earlier released

on furlough/parole. 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.

5. The fees payable to the learned counsel appointed for the

petitioner are quantified at Rs.1500/-.

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

halwai/p.s.