Ravindra S/O Karuji Chudhari (In ... vs D.I.G. Prison, Nagpur And Another
2016 Latest Caselaw 4386 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 




                                                                                                        
                            NAGPUR BENCH, NAGPUR
                                    CRIMINAL WRIT PETITION No.192 OF 2016




                                                                                                       
    Ravindra s/o Karuji Chudhari,
    C-7560, Detained in 
    Central Prison, Nagpur.                                             ....                                         ...                      Petitioner.

                                                ..Versus..




                                                                                 
    1.  Deputy Inspector General (Prisons),         
        Nagpur. 

    2.  The Superintendent, 
                                                   
        Central Prison, Nagpur.                                        ...                                            ...      Respondents.

    .......................................................................................................................................................
    Mr. Aashay P. Lule, Advocate (appointed)  for petitioner.
           

    Mr. Mirza, APP for respondents. 
    .......................................................................................................................................................
        



                                                CORAM                  :  B.R. GAVAI AND V.M. DESHPANDE, 
                                                                                                         JJ.

                                                DATE                         nd  August, 2016.
                                                                       :  2





    JUDGMENT (Per B.R. Gavai, J.)

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.

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

has surrendered belatedly when he was released on furlough on five occasions

i.e. on 9.4.2011, 31.5.2013, 25.6.2014, 15.7.2014 and 31.5.2012 ranging

from 1 to 6 days. However, it is to be noted that the petitioner has

surrendered himself and was not required to be arrested. In so far 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. Fees to be paid to the appointed counsel is

quantified at Rs.1,500/-.

                              JUDGE                                JUDGE 

    Hirekhan





                                               CERTIFICATE

I certify that this Judgment uploaded is a true and correct copy of original signed Judgment.

Uploaded by : R.B. Hirekhan. Uploaded on : 2/8/2016.

P.A.

.....3/-

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...../-