Ravindra Bhanudas Nagrale (In ... vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 315 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                    
                          NAGPUR BENCH : NAGPUR




                                                            
    Criminal Writ Petition No. 53 of 2016




                                                           
    Petitioner            :        Ravindra Bhanudas Nagrale, Convict No.




                                                 
                                   C/404, Open Prison, Amravati
                                   
                                   versus

    Respondents           :        1)  The Dy Inspector General of Prisons (ER),

Nagpur

2) The Superintendent, Open Prison, Amravati

Mr A. P. Lule, Advocate for petitioner

Mr R. S. Nayak, APP for respondents

Coram : B. P. Dharmadhikari & V. M. Deshpande, JJ

Dated : 3rd March 2016

Oral Judgment (Per B. P. Dharmadhikari, J)

1. Rule. Heard forthwith by consent of parties.

2. It is not in dispute that on three different occasions, extension of 14

days each has been allowed to petitioner-prisoner while on furlough leave.

3. Petitioner has prayed that extended furlough leave be counted as

remission of sentence. Though learned Additional Public Prosecutor is opposing

the prayer, we find that issue is already covered against the respondents by the

Division Bench of this Court in the case of JagannathRaghunath Shelke v.

State of Maharashtra & ors reported at 2014 (2) BCR (Cri) 468 and judgment

dated 28.11.2014 in the case of Satyanarayan v. The State of Maharashtra

delivered in Criminal Writ Petition No. 739 of 2014 to which one of us (V. M.

Deshpande, J) is member.

4. It may be placed on record that this Bench has also in the past

allowed similar requests.

5. In this situation, we grant request made by petitioner and direct

that the above-mentioned period of 42 days shall be counted while working out

remission for petitioner.

6. Writ Petition is thus partly allowed and disposed of.

7. Charges of learned counsel (appointed) for petitioner are quantified

at Rs. 1500/-.

                 V. M.  DESHPANDE, J                                   B. P. DHARMADHIKARI, J



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