Karan S/O Nandkumar Patil vs State Of Maha And Another
2021 Latest Caselaw 7587 Bom

Judgment

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       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR

               CRIMINAL WRIT PETITION NO.330 OF 2021

Karan s/o Nandkumar Patil,
Age 40 years,
C-10669, Central Prison, Nagpur.               ..... Petitioner.

                                  :: V E R S U S ::

1. State of Maharashtra, through
Superintendent of Central Prison, Nagpur.

2. Deputy Inspector General Of Prison, Nagpur. ..... Respondents.
===================================
Shri A.Y.Sharma, Counsel for the Petitioner.
Shri S.P.Deshpande, Addl.P.P. for Respondents/State.
===================================

                                CORAM      : V.M.DESHPANDE, &
                                             AMIT B.BORKAR, JJ.

DATE : JUNE 08, 2021

ORAL JUDGMENT (Per : V.M.Deshpande, J.)

1. Heard learned counsel Shri A.Y.Sharma for the

petitioner and learned Additional Public Prosecutor Shri

S.P.Deshpande for respondents/State. Rule. Rule made

returnable forthwith. Heard finally by consent of learned counsel

for parties.

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2. This writ petition was filed for seeking extension of

furlough leave for 21 days from 23.4.2021.

3. It is undisputed fact that on 25.3.2021 the petitioner

was released on furlough leave by competent authority. The

petitioner was required to be surrendered before jail authorities on

23.4.2021. Learned counsel for the petitioner submitted that on

19.4.2021 the petitioner was found to be Corona positive and in

order to substantiate the said he invited our attention to medical

certificate issued by the Primary Health Centre, Rahimatpur,

District Satara. The said certificate is at Annexure-B. The said

medical certificate shows that on 19.4.2021 the petitioner was

tested Corona positive. Learned counsel further submitted that as

per medical advice the petitioner was under home quarantine. He

submitted that after the home quarantine period was over, he

himself surrendered before jail authorities at Nagpur on 13.5.2021.

4. The respondents/State has filed its reply on

11.5.2021. Since the reply is filed prior to surrender by the

petitioner, the said fact is not mentioned in the reply, however

.....3/-

Judgment

wp330.21 7

learned Additional Public Prosecutor for the State, on instructions,

makes a solemn statement before this Court that on 13.5.2021 the

applicant himself surrendered before the jail authorities and

presently he is in custody.

5. The petitioner though was supposed to surrender on

23.4.2021, he could not surrender because of reason beyond his

control and the fact that he was tested Corona positive and,

therefore, it was but obvious that he has to observe home

quarantine as directed by medical authorities and accordingly after

the home quarantine period was over, he himself surrendered

before the jail authorities. In this view of the matter, it is our

considered view that the petitioner could not surrender himself on

23.4.2021 after expiry of his original furlough period is over.

6. In view of the above and in view of fact that the

applicant could not surrender for the reasons beyond his control

and subsequently on his own he himself surrendered before jail

authorities, we allow this writ petition observing that earlier order

granting furlough to the petitioner on 25.3.2021 is extended till

.....4/-

Judgment

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13.5.2021.

With this, the criminal writ petition is allowed and

disposed of accordingly.

            JUDGE                                          JUDGE

!! BRW !!




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