Dhanraj Udaram Katwale (In Jail) vs The D.I.G. Prisons (E) (R), Nagpur ...
2016 Latest Caselaw 392 Bom

                                                             1                                             CWP.16.16.odt

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                                          
                                        NAGPUR BENCH, NAGPUR.

                      CRIMINAL WRIT PETITION NO. 16 OF 2016.




                                                                            
     Dhanraj Udaram Katwale,
     Convict No. C-336,




                                                                           
     Open Prison Morshi,
     District Amravati.                                       ......                             PETITIONER.

                      ....Versus....




                                                         
     1]   The D.I.G. Prison (E) (R),
                                 
          District Nagpur,

     2] The Superintendent,
                                
        Open Prison, Morshi,
        District Amravati.                                  .....                            RESPONDENTS.
      

     Ms. Sunita Paul, Advocate (appointed) for petitioner,
     Mrs. N.R. Tripathi, Additional Public Prosecutor for respondents.
   



                           CORAM :  B.R. GAVAI & A.S. CHANDURKAR, JJ.     

DATED : MARCH 7, 2016.

ORAL JUDGMENT (PER B.R. GAVAI, J.)

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

     2]               The   petitioner   has   approached   this   Court   for   grant   of





                                                              2                                             CWP.16.16.odt

     extension   of   furlough.         The   petitioner   had   applied   for   release   on




                                                                                                          

furlough which application was allowed and the petitioner was released

on furlough on 1st of August, 2014. The petitioner when was released

on furlough fell sick and as such, applied for extension of furlough.

3] It further appears from the reply that the application made by

the petitioner was forwarded to the Deputy Inspector General of Police

which application was sent to the police authorities for verification.

However, in spite of various reminders, there was no verification report

sent by the police authorities.

4] We, therefore, find that though the petitioner had applied

within time, however, on account of the non-response of the police

authorities, his application could not be considered within prescribed

period. Undisputedly, in view of Rule 13 of the Prison (Bombay

Furlough and Parole) Rules, 1959, the prisoner is entitled to extension

of furlough by 14 days.

5] In that view of the matter, we allow the petition. Petitioner's

application for furlough of additional 14 days is allowed. Rule is made

absolute in the above terms with no order as to costs.

3 CWP.16.16.odt

Fees payable to the learned Counsel appointed for the

petitioner are quantified at Rs.1500/-.

                               JUDGE.                                                     J
                                                                                            UDGE.




                                                                           
     J.