Sanjay Balaram Gondhali vs The State Of Maharashtra
2016 Latest Caselaw 7407 Bom

                                                                                  1. cri wp 4199-16.doc


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




                                                                                                
                          CRIMINAL WRIT PETITION NO. 4199 OF 2016




                                                                        
            Sanjay Balaram Gondhali                                      .. Petitioner

                                 Versus




                                                                       
            The State of Maharashtra                                     .. Respondent

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




                                                            
            Ms. Rohini Dandekar Advocate (appointed) for the Petitioner
            Mr. Arfan Sait      APP for the State
                                              
                                     ...................
                                             
                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              A.M. BADAR, JJ.

DATE : DECEMBER 16, 2016.

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

1. Heard both sides.

2. The petitioner preferred an application for furlough

which came to be granted by order dated 3.8.2015.

Pursuant to the said order, the petitioner was released on

17.9.2015 for a period of 14 days. Thereafter, the petitioner

preferred an application for extension of furlough for a period

of 14 days on the ground that he was suffering from typhoid.

            jfoanz vkacsjdj                                                                   1 of 3



                                                                1. cri wp 4199-16.doc

The said application came to be rejected, hence, this

petition.

3. It is an admitted fact that the petitioner preferred the

application for extension of furlough within time. The Jail

Chart shows that earlier when the petitioner was released on

furlough on 12.9.2014, he has reported back to the prison in

time. On this occasion, he could not report back to the prison

in time as he was suffering from typhoid. He has relied on

medical certificates dated 21.9.2015 and 4.10.2015 which

show that he was suffering from typhoid. The genuineness

of these medical certificates is not doubted. In this view of

the matter, we are of the opinion that on humanitarian

ground, the furlough period ought to be extended for a

further period of 14 days. Accordingly, furlough period is

extended by a period of 14 days. Any prison punishment

imposed on the petitioner on account of overstay is set

aside. If security deposit is forfeited, the same be returned

back to the petitioner.

    jfoanz vkacsjdj                                                        2 of 3



                                                                     1. cri wp 4199-16.doc

4. Rule is made absolute in the above terms.

5. Office to communicate this order to the petitioner who

is lodged in Kolhapur Central Prison, Kalamba.

                                                         
    [ A.M. BADAR, J. ]                    [ SMT. V.K. TAHILRAMANI, J. ]




                                                
                                    
                                   
      
   






    jfoanz vkacsjdj                                                             3 of 3