Shri. Shekhar S/O. Bhimrao ... vs State Of Maharshtra Thr. Deputy ...
2017 Latest Caselaw 1960 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH AT NAGPUR

                     CRIMINAL WRIT PETITION NO.90/2017

      Shri Shekhar s/o Bhimrao Meshram,
      (In Jail), Convict No. C-8151, 
      Central Prison, Nagpur.                                     .....PETITIONER

                                 ...V E R S U S...

 1. State of Maharashtra, through
    Deputy Inspector General of Prison,
    Nagpur.

 2. Superintendent, Central Jail,
      Nagpur.                                                     ...RESPONDENTS
 ---------------------------------------------------------------------------------------------------
 Mr. N. Meshram, Advocate for petitioner.
 Mrs. N. Tripathi, A.P.P. for respondents.
 --------------------------------------------------------------------------------------------------
                                   CORAM:-      B. P. DHARMADHIKARI AND
                                                  V. M. DESHPANDE, JJ.

DATED :- APRIL 24, 2017

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

1. Rule. Rule returnable forthwith. Heard finally by consent of

the parties.

2. Since the application for furlough filed by the petitioner is

rejected by the authorities, the petitioner is before this Court.

3. The ground for rejection of the application is that in the

year 2011, when furlough was granted in favour of the petitioner, that

time the petitioner reported late by 402 days and he was required to be

brought to the prison.

Though, this reason was very much there, in the year 2016,

the petitioner was released on parole and he himself surrendered on

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due that. That shows that the petitioner's earlier act was condoned by

the prison authorities.

4. In that view of the matter, the writ petition is allowed. The

petitioner be released on furlough after getting necessary bond executed

from him within a period of three weeks.

Rule is made absolute in the above terms.

(V. M. Deshpande, J.) (B. P. Dharmadhikari, J.)

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