Baban Ramaji Sonone (In Jail) vs State Of Maharashtra Through Its ...
2016 Latest Caselaw 3972 Bom

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




                                                                                        
                       CRIMINAL WRIT PETITION NO.397/2016




                                                                
            Baban Ramaji Sonone, 
            C-7145, District Prison.Gadchiroli.                  .....PETITIONER

                                   ...V E R S U S...




                                                               
     1.     The State of Maharashtra through
            its Secretary, Home Department, 
            Mantralaya, Mumbai-32.




                                                
     2.     The Dy. Inspector General,
                             
            Eastern Region, Nagpur.

     2.     The Superintendent, Central Prison,
                            
            Nagpur.

     3.     The Superintendent, District Prison,
            Gadchiroli.                                          ...RESPONDENTS
      


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



     Mrs. S. P. Dhotre, Advocate (Appointed) for the petitioner.
     Mr. M. K. Pathan, 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.

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

ground that the petitioner has surrendered belatedly when he was

released on parole on 29.05.2013. 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.

Professional charges of Mrs. S. P. Dhotre, Advocate

appointed on behalf of the petitioner are quantified at Rs.1500/-.

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





     kahale





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Uploaded by: Y. A. Kahale. Uploaded On:19.07.2016