Roshan Kishor Sahakar (In Jail) vs State Of Maharashtra Thr. Pso ...
2018 Latest Caselaw 99 Bom

                                 1                        wp1000.17.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               NAGPUR BENCH, NAGPUR



                CRIMINAL WRIT PETITION NO. 1000 OF 2017



  Roshan Kishor Sahakar,
  Convict No.C/7536, Occ. Nil,
  Confined at Central Prison,
  Nagpur.                      ..........      PETITIONER


          // VERSUS //


  1. State of Maharashtra,
      through PSO, Police Station,
      Pachpaoli, Nagpur.

  2. The Superintendent,
      Central Prison, Nagpur.

  3. State of Maharashtra,
      Through Deputy Inspector
      General, Prison, Eastern
      Region, Nagpur.                 ..........       RESPONDENTS




::: Uploaded on - 05/01/2018                    ::: Downloaded on - 06/01/2018 02:10:51 :::
                                         2                           wp1000.17.odt

  ____________________________________________________________  
             Ms S.D.Wankhede, Advocate for the Petitioner.
             Mr.M.J.Khan, A.P.P. for Respondent Nos. 1 and 2.
  ____________________________________________________________


                                                   CORAM     :  R.K.DESHPANDE 
                                                                   AND
                                                                   M.G.GIRATKAR, JJ.

DATED : 5th January, 2018.

ORAL JUDGMENT (Per R.K.Deshpande, J) :

1. Rule made returnable forthwith. Heard finally with the

consent of learned Counsel appearing for the parties.

2. The claim in this petition is for grant of furlough for

atleast seven days on compensatory ground. Mr.M.J.Khan, learned

A.P.P. is unable to point out to us disentitlement on the part of the

applicant to claim such furlough leave for seven days on

compensatory ground. It is, however, urged that the petitioner had

demanded some amount from complainant Ajay Thakre, which

amount was deposited in his bank account and wife of said

complainant had also given cash by hand to the petitioner. We do

not find any allegation of using force, assault or committing any

3 wp1000.17.odt

criminal act by the petitioner. In the absence of this, we do not find

any reason to reject the claim of petitioner.

3. In the result, the Writ Petition is allowed. Rule is made

absolute in terms of prayer clause (1) of this petition, which is re-

produced below subject to such terms and conditions which the

Authorities competent may deem fit to impose.

"1) release the petitioner on furlough at least seven days on compensatory ground. "

The petitioner be released on 8th January, 2018 upon

compliance of all the formalities.

No order as to costs.

                               JUDGE                 JUDGE
   



  [jaiswal]





                                4             wp1000.17.odt