Ramdayal S/O Maniram Nirmalkar ... vs State Of Maharashtra, Thr Deputy ...
2016 Latest Caselaw 4014 Bom

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




                                                                                        
                       CRIMINAL WRIT PETITION NO.432/2016




                                                                
            Ramdayal s/o Maniram, Nirmalkar,
            aged 49 years, (C/321 Open Prison,
            Morshi, Dist. Amravati)                              .....PETITIONER




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

     1.     State of Maharashtra, through the
            Deputy Inspector General of Prison,




                                                
            Nagpur, Eastern Region, Nagpur.

     2.
                             
            Superintendent of Open Prison,
            Morshi, Dist. Amravati.                              ...RESPONDENTS
                            
     -----------------------------------------------------------------------------------------------
     Ms R. V. Ramteke, Advocate Appointed for petitioner.
     Mrs. Nandita Tripathi, A.P.P. for respondents-State.
     -----------------------------------------------------------------------------------------------
      


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

DATED :-

JULY 20, 2016

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

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

of learned counsel for the parties.

2. The petitioner has approached this Court since his

application for being released on furlough came to be rejected. The

application is rejected on the ground that the surety of the petitioner

is not competent.

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3. The Division Bench of this Court in Criminal Writ Petition

No.53/2014, Laxman Indersingh Rawat ..vs.. The D.I.G. Prisons (E)

(R), Nagpur has held that the prisoner in the open prison can be

released without insisting on furnishing the surety.

4. In that view of the matter, the petition deserves to be

allowed. The prisoner is directed to be released on furlough for a

period of two weeks on Personal Bond in the sum of Rs.2000/-.

5. Rule is made absolute in the above terms. The Criminal

Writ Petition stands disposed of.

Fees payable to the learned counsel appointed for the

petitioner are quantified at Rs.1500/-.

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



     kahale






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