Abdul Hasan Bande Hasan Mistry vs Deputy Inspector General Prison, ...
2021 Latest Caselaw 6140 Bom

                                                         1                            wp117.21.odt

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT NAGPUR

                       CRIMINAL WRIT PETITION NO. 117 OF 2021
   (ABDUL HASAN BANDE HASAN MISTRY...VS.. DEPUTY INSPECTOR GENERAL PRISON EAST,
                                NAGPUR & ANR.)
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Office Notes, Office Memoranda of Coram,                                  Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri S.D.Chande, Advocate for Petitioner.
                            Shri S.D.Sirpurkar, A.P.P. for Respondents.

                                    CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : APRIL 06, 2021.

Heard.

By this petition, the convict has challenged the order passed by the Authority rejecting his claim for furlough leave on the ground that on the earlier occasion when he was released on furlough leave he had not surrendered on time and he was arrested after 2283 days.

After hearing the learned Advocate for the petitioner and the learned A.P.P. for the respondents and on going through the material placed on record, prima-facie we find that the rejection of the claim of the petitioner for grant of furlough leave cannot be said to be illegal or unjustified. However, considering the case of the petitioner that one Sheshrao Upasrao Aadau, who had also not reported on time and was late by 2381 days, was granted furlough leave by the judgment passed in Writ Petition No. 454 of 2014 on 8 th July 2014, we direct that this petition be listed along with record/ judgment passed in Writ Petition No. 454 of 2014.

S.O. to 15th April 2021.

                                    (AMIT B. BORKAR, J)                        ( Z.A.HAQ, J.)

            RRaut..