Vishal Baban Vanne vs The State Of Maharashtra
2017 Latest Caselaw 287 Bom

                                                                                   16. cri wp 501-17.doc


RMA      
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL WRIT PETITION NO. 501 OF 2017


            Vishal Baban Vanne                                            .. Petitioner

                                  Versus
            The State of Maharashtra                                      .. Respondent

                                                   ...................
            Appearances
            Ms. Rohini M. Dandekar Advocate (appointed) for the Petitioner
            Mr. H.J. Dedia         APP for the State
                                     ...................


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

DATE : MARCH 1, 2017.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. The petitioner preferred an application for furlough on

17.11.2014. The said application was granted by order

dated 1.10.2015. Pursuant to the said order, the petitioner

was released on furlough for a period of 14 days i.e from

8.11.2015 to 21.11.2015. On 16.11.2015, the petitioner

preferred an application for extension of furlough by a

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16. cri wp 501-17.doc

further period of 14 days i.e from 22.11.2015 to 5.12.2015.

The said application was rejected by order dated 17.12.2015,

hence, this petition.

3. It is an admitted fact that the application for extension

of furlough was made within time. It is also an admitted fact

that the petitioner has himself surrendered back to the

prison on 6.12.2015 that is as soon as 14 days period was

over.

4. Learned counsel for the petitioner submitted that as the

petitioner did not get any reply to his application, he

surrendered back to the prison on his own on 6.12.2015.

The extension was sought on the ground that the petitioner

was suffering from acute appendicitis. The application came

to be rejected on the ground that after 14.11.2015, no

medical papers relating to sonography or other tests were

produced by the petitioner.

jfoanz vkacsjdj                                                        2 of 3



                                                           16. cri wp 501-17.doc

5. The medical papers of the petitioner show that he has

undergone sonography of the abdomen which shows that he

was suffering from sub-acute appendicitis. The sonography

report is dated 1.12.2015. Looking to all these facts, on

humanitarian ground, we are inclined to extend the furlough

by a period of 14 days that is from 22.11.2015 to 5.12.2015.

6. Any prison punishment imposed on account of overstay

is set aside.

7. If security deposit is forfeited, the same be returned

back to the petitioner.

8. Rule is made absolute in the above terms.

9. Office to communicate this order to the petitioner who

is lodged in Kolhapur Central Prison, Kalamba.

[ REVATI MOHITE DERE, J. ]            [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                       3 of 3