Gulshan B. Ayub Shah (In Jail) vs State Of Maharashtra Thr. The ...
2017 Latest Caselaw 9588 Bom

                                                   1                                       jg.cri.wp.975.17.odt


                 THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH : NAGPUR.

                         Criminal Writ Petition No. 975 of 2017

Gulshan Bi Ayub Shah, 
C-4020, Detained at Central Prison, 
Amravati.                                                                                       ... Petitioner

             VERSUS

(1) State of Maharashtra,
      Through the Secretary,
      Department of Home, 
      Mantralaya, Mumbai - 32. 

(2) Superintendent, 
      Central Prison, Amravati. 

(3) Deputy Inspector General of Prison, 
      Eastern Region, Nagpur.                                                              ... Respondents
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Mrs. S. S. Dhote, Advocate for petitioner (appointed)
Mrs. M. H. Deshmukh, Additional Public Prosecutor for the respondents
-----------------------------------------------------------------------------------------------------------------------

                                                  CORAM :  R. K. DESHPANDE AND
                                                                 M. G. GIRATKAR, JJ.

DATE : 13-12-2017

ORAL JUDGMENT (Per : R. K. Deshpande, J.)

Rule made returnable forthwith. Heard by consent of the

learned counsels appearing for the parties.

2 jg.cri.wp.975.17.odt

2. The furlough leave application filed by the petitioner was

rejected on 4-3-2017 on the ground that the appeal against conviction

filed by the petitioner is pending. Such reason cannot be sustained and

the order will have to be set aside in the absence of there being any

other valid reason to reject the application. The petitioner is entitled to

release on furlough leave for a period of 28 days. In the result, the

order passed by the respondent no. 3 dated 4-3-2017 is hereby quashed

and set aside. The petitioner is held entitled for furlough leave for a

period of 28 days with effect from 25-12-2017 on such terms and

conditions which the authorities may deem fit to impose.

3. Rule is made absolute in aforesaid terms with no order as

to costs.

4. Fees of the learned counsel appearing for the petitioner is

quantified at Rs. 1500/-.

                        JUDGE                                   JUDGE


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