Jaylal Mohan Naitam (In Jail) vs The State Of Maharashtra Through ...
2016 Latest Caselaw 4418 Bom

                                            1                             crwp420.16.odt        



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                       
                               NAGPUR BENCH : NAGPUR




                                                               
                    CRIMINAL WRIT PETITION NO. 420/2016

    Jaylal Mohan Naitam,
    Aged about 41 years,
    Convict No.C/8215,




                                                              
    (Central Prison, Nagpur)                                 ..              PETITIONER

                                   .. Versus ..




                                                
    1. The State of Maharashtra through
       Secretary, Home Department,
                             
       Mantralaya, Mumbai.

    2. Deputy Inspector General (Prisons) (East),
       Nagpur.
                            
    2. The Superintendent,
       Central Prison, Nagpur.                               ..             RESPONDENTS

    -----------------------------------------------------------------------------------------------
      


    Ms. S. B. Khobragade, Advocate for Petitioner.
    Mrs.Nandita Tripathi, A.P.P. for Respondents.
   



    -----------------------------------------------------------------------------------------------

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

DATED : AUGUST 3, 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 crwp420.16.odt

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

petitioner has surrendered belatedly when he was released on

03.06.2015. 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.

                            
                       (V. M. Deshpande, J.)                    (B.R. Gavai, J.)
      
   



    kahale







                                          3                            crwp420.16.odt        


                                              CERTIFICATE

I certify that this Judgment/Order uploaded is a true and

correct copy of original signed Judgment/Order.

Uploaded by: Y. A. Kahale. Uploaded On:04.08.2016