Manohar Warluji Zade (In Jail) vs The D.I.G. Prison (E) (R) Nagpur ...
2017 Latest Caselaw 297 Bom

 CWP973.16.odt                                1

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH : NAGPUR
                CRIMINAL WRIT PETITION NO.973 OF 2016

 Manohar Warluji Zade,
 Aged about 42 years,
 R/o. Presently detained at
 Open Prison, Morshi,
 District-Amravati,
 Convict No.C-405.                                 ..             PETITIONER

                               .. Versus ..

 1]     The D.I.G. Prison (E) (R ),
        Nagpur, Tah. & Dist. Nagpur.
 2]     The Superintendent of Prison,
        Open Prison, Morshi,
        District - Amravati.                       ..             RESPONDENTS

                               ..........
 Shri A.A. Pannase, Advocate [Appointed] for petitioner,
 Smt. N.R. Tripathi, APP for respondents.
                     ..........

                               CORAM : B.R. GAVAI AND
                                       KUM. INDIRA JAIN, JJ.

DATED : MARCH 01, 2017.

ORAL JUDGMENT : (Per : B.R. GAVAI, J.)

Rule. Rule made returnable forthwith. Heard finally

by consent of learned counsel appearing for the parties.

2] The petitioner has approached this Court being

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 released

on parole on 5.7.2016. 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 for a period of two weeks after following the procedure

prescribed in law. Rule is made absolute in the above terms.

Fees of the learned counsel appointed on behalf of the

petitioner are quantified at Rs.1,500/-.

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