Nilesh Ramesh Joshi vs The State Of Maharashtra
2016 Latest Caselaw 5979 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3418 OF 2016




                                                                                              
    Nilesh Ramesh Joshi                                                             ]
    C-520                                                                           ]
    Presently lodged at                                                             ]




                                                                                             
    Yerawada Central Prison,                                                        ]
    Class-I, Yerawada, Pune 411 006                                                 ] .. Petitioner

                        Vs.




                                                                         
    1. The State of Maharashtra                                                     ]
        Through Principal Secretary,           ig                                   ]
        Home Deptt. Mantralaya,                                                     ]
        Mumbai-32                                                                   ]
                                                                                    ]
                                             
    2. Dy. Inspector General of Prisons                                             ]
       (W.R.) Yerawada, Pune-6                                                      ] .. Respondents
          

                                   ....
    Ms. Rohini Dandekar Advocate appointed for Petitioner
       



    Mr. Arfan Sait A.P.P. for the State
                                   ....


                                            CORAM : SMT.V.K.TAHILRAMANI AND





                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : OCTOBER 13, 2016

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

    1                   Heard both sides.



    2                   The petitioner preferred an application for furlough on


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5.2.2015. The said application came to be granted by order

date 15.5.2015. Pursuant to the said order, the petitioner was

released on furlough for a period of 14 days from 4.7.2015 to

18.7.2015. Thereafter on 10.7.2015 the petitioner preferred an

application for extension of furlough for a period of 14 days on

the ground of his own illness. It is an admitted fact that the

said application was preferred in time. However, the

application for extension came to be rejected by order dated

6.9.2016, hence, this petition.

3 The genuineness of the medical certificates furnished

by the petitioner is not doubted, however, the reason for

rejecting the application for extension was that his illness is not

serious. This was the main reason for rejecting the application

for extension of furlough.

4 Thus, the prayer of the petitioner is that the furlough

period should be extended by a period of 14 days i.e. from

19.7.2015 to 1.8.2015. It is an admitted fact that the petitioner

surrendered on his own to the prison on 2.8.2015 i.e. as soon

as the period of 14 days was over. Looking to this fact and

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looking to the fact that the genuineness of the medical

certificates is not doubted, we are inclined to grant extension

of furlough for a period of 14 days from 19.7.2015 to 1.8.2015.

Prison punishment if any, imposed on account of overstay on

furlough from 19.7.2015 to 1.8.2015, is set aside.

5 Rule is made absolute in above terms. Petition is

allowed.

6 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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