Mahendra Purushottam Londhe (In ... vs Dy. Inspector General (Prisons) ...
2017 Latest Caselaw 163 Bom

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

                 CRIMINAL WRIT PETITION NO.953/2016
                                 ...


Mahendra Purushottam Londhe,
Aged about 39 years,
At present detained in Central Prison,
Nagpur having Prisoner No. C-8048.                 ..             PETITIONER


                               .. Versus ..


1. Dy. Inspector General (Prisons),
   East Division, Nagpur.

2. The Superintendent,
   Nagpur Central Prison, Nagpur.                  ..            RESPONDENTS



Mr. G.S. Agrawal, Advocate (Appointed) for Petitioner.
Mrs. N.R. Tripathi, APP for Respondents.

                               .....


              CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : February 28, 2017.

ORAL JUDGMENT (per B.R. Gavai, J. )

1. Rule. Rule made returnable forthwith. Heard finally by

consent of learned counsel appearing for the parties.

2.            The      petitioner      has    approached     this     Court        being





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aggrieved by the rejection of his application for grant of furlough.

3. The application is rejected only on the ground that the

petitioner has surrendered belatedly when he was earlier released

on parole/furlough. However, it is to be noted that the petitioner

has surrendered himself and was not required to be arrested.

Insofar as surrendering belatedly is concerned, the petitioner must

have already been penalized for the late surrender.

4. In that view of the matter, we are inclined to allow the

writ petition. The petitioner is directed to be released on furlough

after following the procedure prescribed in law. Rule is made

absolute in the above terms.

5. The fees of the Advocate appointed for the petitioner are

quantified at Rs.1500/-.

(Kum. Indira Jain, J. ) (B.R. Gavai, J.) ...

halwai/p.s.