Pradeep S/O Dinbandhu Chakladhar ... vs State Of Maharashtra, Thr. ...
2016 Latest Caselaw 3104 Bom

                                        1                          wp328.16.odt




                                                                           
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                   
                                   NAGPUR BENCH, NAGPUR


                   CRIMINAL WRIT PETITION NO.328 OF 2016




                                                  
          Pradeep s/o. Dinbandhu Chakladhar,
          C-8739, Detained in Central




                                           
          Prison, Nagpur, District Nagpur...........     PETITIONER


                  // VERSUS //
                             
                            
          1. State of Maharashtra,
              Through its Secretary, Home 
              Department,  Mantralaya,
      

              Mumbai.
   



          2. D.I.G., Prison,
              Central Prison,
              Nagpur.





          3. The Superintendent of Jail,
               Central Prison, Nagpur,
               District Nagpur.               ..........     RESPONDENTS

          -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-





              Mr.H.G.Katekar, Adv. (appointed) for the petitioner.
              Mrs.N.R.Tripathi, A.P.P. for respondent nos. 1 to 3.
           -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-




    ::: Uploaded on - 23/06/2016                   ::: Downloaded on - 30/07/2016 06:16:58 :::
                                          2                                  wp328.16.odt

                                             CORAM     :  B.R.GAVAI &
                                                                  V.M.DESHPANDE, JJ.

                                         DATE         :  22.6.2016.
           




                                                            
          ORAL JUDGMENT (Per V.M.Deshpande, J)     :




                                                           

1. Rule. Rule made returnable forthwith. Heard finally

by consent of the parties.

2. The application for grant of furlough was rejected by

the Authorities below on the ground that, on the last

occasion when the petitioner was released on parole, he

had surrendered late by five days. However, he was not

required to be brought back by pressing into service the

police machinery. In that view of the matter, present Writ

Petition is allowed.

The petitioner be released on furlough leave for 14

days, as prayed for, by the Authorities after observing the

legal procedure.

3 wp328.16.odt

The fees of the learned Counsel appointed for the

petitioner is quantified at Rs.1,500/-.

                                   JUDGE                        JUDGE




                                                         
           jaiswal