Dada Tukaram Mane vs The State Of Maharashtra
2016 Latest Caselaw 6818 Bom

     jdk                                                  1                                              5.crwp.3864.16.j.doc




                                                                                                                      
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3864 OF 2016




                                                                                              
    Dada Tukaram Mane                                                               ]
    C/13209, Yerawada Central Prison,                                               ]
    Pune                                                                            ].. Petitioner




                                                                                             
                        Vs.

    The State of Maharashtra                                                        ]..Respondent




                                                                         
                                  ....        
    Mr. Prosper D'Souza Advocate appointed for Petitioner
    Mr. H.J. Dedia A.P.P. for the State
                                  ....
                                             
                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : NOVEMBER 30, 2016

ORAL JUDGMENT : [PER SMT. V.K.TAHILRAMANI, J. ]:

1 Heard both sides. Rule. Rule is made returnable

forthwith. By consent, matter is taken up for final hearing.

2 The petitioner preferred an application for furlough.

The said application was rejected by order dated 2.6.2016.

Being aggrieved thereby, the petitioner preferred an appeal.

The said appeal came to be dismissed by order dated

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23.9.2016, hence, this petition.

3 The main reason for the application of the petitioner

for furlough being rejected is that in the year 2007 when the

petitioner was released on parole, he did not surrender back to

the prison in time. Ultimately, he had to be traced and

arrested by the police and brought back to the prison. There

was overstay of 2834 days on his part. Looking to this fact, it is

apprehended that if the petitioner is released on furlough, he

will not report back to the prison in time and he will abscond.

Looking to the history of the petitioner, it cannot be said that

this apprehension is without any basis, hence, we are not

inclined to interfere. Petition is dismissed. Rule is discharged.

4 Office to communicate this order to the petitioner

who is in Yerawada Central Prison, Pune.

[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

kandarkar

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