Sunil Dashrath Gawande (In Jail) vs D.I.G. (Prison) (East), Nagpur ...
2016 Latest Caselaw 3969 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR




                                                                                        
                       CRIMINAL WRIT PETITION NO.195/2016




                                                                
            Sunil Dashrath Gawande,
            aged 30 eyars, r/o Muk Godalvahi,
            Tq. Dhanora, Dist. Gadchiroli.
            (Presently lodged at Central Prison,




                                                               
            Nagpur C-8237)                                       .....PETITIONER
                             ...V E R S U S...

     1.     The D.I.G. (Prisons) (East),




                                                
            Nagpur.

     2.
                             
            The Superintendent, Centrl Prison,
            Nagpur.                                               ...RESPONDENTS
     -----------------------------------------------------------------------------------------------
                            
     Mr. N. A. Badar, Advocate for petitioner.
     Mr. Nandita Tripathi, A.P.P. for respondents-State.
     -----------------------------------------------------------------------------------------------

                     CORAM:-  B. R. GAVAI &    V. M. DESHPAND E, JJ.

DATED :-

JULY 19, 2016

ORAL JUDGMENT (Per : B. R. GAVAI, J.)

1. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The petitioner has approached this Court being aggrieved

by rejection of his application for grant of furlough.

3. The application of the petitioner was rejected only on the

ground that the petitioner has surrendered belatedly when he was

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released on parole on 21.06.2013. 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)              (B. R. Gavai)
   



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