Vinod Kiran Mhaske vs The State Of Maharashtra
2017 Latest Caselaw 147 Bom

                                                                              wp.502.17.17.doc


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CRIMINAL APPELLATE JURISDICTION
                      CRIMINAL WRIT PETITION NO. 502 OF 2017
                                 (THROUGH JAIL)

            Vinod Kiran Mhaske                                  ...Petitioner
                 Versus
            The State of Maharashtra                            ...Respondent


            Ms. Rohini Dandekar, Advocate appointed for the Petitioner

            Mrs. G. P. Mulekar, A.P.P for the Respondents-State


                                            CORAM : SMT. V. K. TAHILRAMANI &
                                                     REVATI MOHITE DERE, JJ.

TUESDAY, 28th FEBRUARY, 2017

ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :

1. Heard both sides.

2. The petitioner preferred an application for furlough,

which came to be granted by order dated 26 th August, 2015.

Pursuant to the said order, the petitioner was released on

furlough for a period of 14 days from 24 th September, 2015. The

petitioner had to surrender on 7th August, 2015. However, in the

meanwhile, the petitioner preferred an application for extension

of furlough on 29th September, 2015. By the said application, he

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sought extension of furlough by a period of 13 days. The said

application came to be rejected by order dated 19 th September,

2016. Hence, this petition.

3. Admittedly, the application of the petitioner for

extension of furlough for a period of 13 days was made within

time. As the petitioner did not receive any order on his

application, he himself surrendered back to the prison on 21 st

October, 2015 i.e. after a period of 13 days. The reason for the

late surrender was that the petitioner was suffering from viral

hepatitis. The reason for rejecting the application was that the

illness was not found to be serious enough to extend the period

of furlough. However, the genuineness of the medical certificate

that the petitioner was suffering from viral hepatitis, has not

been doubted.

4. Looking to the fact that the petitioner was suffering

from viral hepatitis and the fact that he has surrendered back to

the prison on his own after 13 days, on humanitarian ground, we

are inclined to extend the period of furlough by a period of 13

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days. Any prison punishment imposed on account of the

overstay, is set-aside. If security deposit is forfeited, the same

be returned back to the petitioner.

5. Rule is made absolute in the above terms.

6. Office to communicate this order to the petitioner,

who is in Kolhapur Central Prison, Kalamba.

            (REVATI MOHITE DERE, J.)                  (V. K. TAHILRAMANI, J.)




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