Vishwas Nathu Sase vs The State Of Maharashtra
2017 Latest Caselaw 4599 Bom

Rane                               * 1/3 *       WP-1685-2017 (sr.40)
                                                   Monday, 17.7.2017

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

                   WRIT PETITION NO. 1685 OF 2017


Vishwas Nathu Sase                                           ......Petitioner

         V/s.

The State of Maharashtra                                     .......Respondent

                               -------

Ms. Rohini M. Dandekar, Advocate appointed for the
petitioner.

Ms. M.H. Mhatre, APP for respondent, State.


                 CORAM :-                SMT. V.K. TAHILRAMANI, &

                                         SANDEEP K. SHINDE, JJ.

DATE :- 17 th JULY, 2017.

ORAL ORDER (Per :- SMT. V.K. TAHILRAMANI, J)

1. Heard Learned Advocate for the petitioner and

Learned APP for the State.

2. The petitioner preferred an application for

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furlough on 11th November, 2014. The said application

was granted by order dated 4th June, 2015. Pursuant

thereto, the petitioner was released on furlough on 18 th

June, 2015 for a period of 14 days. On 23 rd June, 2015

the petitioner preferred an application for extension of

furlough for a further period of 14 days i.e. from 3 rd July,

2015 to 17th July, 2015. The said application was

rejected on 6th August, 2016. Meanwhile, the petitioner

surrendered on 18th July, 2015.

3. The petitioner had sought extension of furlough

on the ground of illness of his wife. Reliance was placed

on Medical Certificate dated 22nd June, 2015. The

application of the petitioner for extension of furlough

came to be rejected on the ground that there was

overwriting at many places in the Medical Certificate

relied upon by the petitioner to show that his wife was ill,

hence, he was seeking extension of furlough.

4. The order of rejection shows that, in the

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Medical Certificate the date was originally 2 nd June, 2015

which was made 22nd June, 2015. In addition, the date of

starting of treatment of the wife of the petitioner was 2 nd

June, 2015 which was changed to 3 rd July, 2015. The

Doctor who issued the Certificate stated that whenever he

makes any corrections, he signed against the same, but

no signature is found on the Medical Certificate next to

the corrections. The Doctor who issued the Certificate has

stated before the police that, he had not made any

changes in the Medical Certificate relied upon by the

petitioner. In view of this fact, the authorities came to the

conclusion that the Medical Certificate was not genuine

and the wife of the petitioner was not serious enough to

grant extension of furlough. Looking to the Medical

Certificate and reasons cited by the Authority for

rejecting the application, we cannot find any error in the

same. The petition is rejected. Rule is discharged.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)