Namdev Laxman Bhakare vs The State Of Maharashtra And Ors
2016 Latest Caselaw 4804 Bom

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RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION




                                                                                                
                          CRIMINAL WRIT PETITION NO. 2580 OF 2016




                                                                        
            Namdev Laxman Bhakare                                        .. Petitioner

                                 Versus




                                                                       
            The State of Maharashtra & Ors.                              .. Respondents

                                                  ...................
            Appearances




                                                            
            Ms. Rohini Dandekar Advocate (appointed) for the Petitioner
            Mr. H.J. Dedia      APP for the State
                                              
                                     ...................
                                             
                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              MRS. MRIDULA BHATKAR, JJ.

DATE : AUGUST 22, 2016.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. Rule. By consent, Rule is made returnable forthwith.

3. The petitioner made an application for furlough on

12.3.2015. The said application came to be granted by order

dated 17.6.2015. The petitioner was released on furlough

from 8.7.2015 to to 21.7.2015. On 13.7.2015, the petitioner

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preferred an application for extension of furlough. The said

application was made in time. The said application was

preferred on the ground that the wife of the petitioner was

suffering from medical problem. Certificate dated 11.7.2015

shows that the wife of the petitioner was suffering from

Dysfunctional Uterine Bleeding, hence, she was advised to

go to Gynecologist for opinion. The genuineness of the

certificate is not doubted by the prosecution, however, the

application for extension of furlough came to be rejected on

15.12.2015 on the ground that the surety is not willing to

stand as surety for the extended period of furlough of 14

days.

4. It is an admitted fact that as soon as the 14 days period

was over after 21.7.2015, the petitioner himself surrendered

back to the prison on his own. It is uncontroverted that the

wife of the petitioner was having some medical problem and

looking to the fact that the petitioner himself surrendered

back to the prison after 14 days were over, from 21.7.2015,

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we are inclined to extend the furlough by a period of 14

days.

5. Rule is made absolute in the above terms.

6. This order be communicated by the office to the

petitioner who is in Yerwada Central Prison, Pune.

                                    
                                   
    [ MRS. MRIDULA BHATKAR, J ]           [ SMT. V.K. TAHILRAMANI, J. ]
      
   






    jfoanz vkacsjdj                                                         3 of 3