Shri. Kamlakar S/O. Tanaji Shinde ... vs State Of Maharashtra Thr. Deputy ...
2017 Latest Caselaw 4751 Bom

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

                           Criminal Writ Petition No. 329 of 2017 

Shri Kamlakar S/o Tanaji Shinde 
(In Jail), Convict No. 8938, 
Central Prison, Nagpur.                                                                        .... Petitioner

   // Versus //

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

(2) Superintendent, Central Prison,  
      Nagpur.                                                             .... Respondents
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Shri N. P. Meshram, Advocate for the petitioner
Shri M. K. Pathan, A.P.P. for the State/respondents
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                                          CORAM :  PRASANNA  B. VARALE and
                                                    M. G. GIRATKAR, JJ.

                                          DATE    :   19/07/2017.

JUDGMENT (Per : M.G. Giratkar, J.)

Heard Shri Meshram, learned counsel for the petitioner

and Shri Pathan, learned Additional Public Prosecutor for the State/

respondents.

2. Rule. Rule made returnable forthwith.

3. The petitioner has challenged the impugned order dated

3-3-2017 by which furlough leave application of the petitioner came to

be rejected. It is submitted that the petitioner lastly reported to the jail

2 jg.wp329.17.odt

authorities on due date. Respondent no. 1 rejected his application on

the ground that he was habitual in surrendering late to the prison and

at last submitted that the petition be allowed in terms of its prayer.

4. The petition is strongly opposed by the respondents. It is

submitted that the petitioner is habitual in surrendering late to the jail

authorities, therefore, writ petition be rightly rejected.

5. From the chart submitted in the reply filed by the

respondent no. 2, it is clear that he was lastly released on parole leave

on 10-8-2016 and he surrendered himself on due date. Therefore, it is

clear that on the last occasion, the petitioner surrendered himself on

due date. In view of the decision of this Court in Criminal Writ

Petition No. 782/2016 in the case of Gajanan @ Gujju Babulal

Battulwar Vs. State of Maharashtra and ors. dated 6-1-2017, the

petition is liable to be allowed. Hence, we allow the petition in terms

of prayer clause (a) and direct the respondents to release the petitioner

on furlough leave on usual conditions.

Writ petition is disposed of as allowed in above terms.

                                   JUDGE                                  JUDGE

wasnik