Dhanaji Vasant Misal vs State Of Maharashtra And Ors
2022 Latest Caselaw 11746 Bom

                                                                 29. cri wp 3776-22.doc

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

                         WRIT PETITION NO. 3776 OF 2022

      Dhanaji Vasant Misal                       .. Petitioner
                 Vs.
      State of Maharashtra & Ors.                .. Respondents

      Mr. Rupesh A. Jaiswal for the Petitioner
      Ms. J.S. Lohakare, APP for State

                                    CORAM : A.S. GADKARI &
                                            MILIND N. JADHAV, JJ.

                                    DATE    : 17th November, 2022.
      P.C.:

      .       Learned APP on instructions from Senior Jailor of Kolhapur

Central Prison, Kalamba submitted that, in view of Rule 4 of Chapter

37 of Maharashtra Prison Rules 1979, the Petitioner is entitled for

furlough leave. She produced on record a photocopy of the said

report.

2. Even otherwise perusal of the impugned Order dated 02.02.2022

passed by the Deputy Inspector General of Prisons, Western Region,

Pune indicates that, it is a mechanical order, as has been observed by

the coordinate Bench in its Judgment dated 29.03.2022.

The circulates dated 10.08.2022 and 17.08.2022 are issued by

the Inspector General of Police (Law & Order) and on behalf of

Director General of Police, Maharashtra State and Additional Director

General of Police and Inspector General of Police (Prisons).

3. In view thereof, learned APP on instructions submitted that

29. cri wp 3776-22.doc

Competent Authority will reconsider the case of the Petitioner within a

period of two weeks from the date of uploading of the present Order

on the official website of the High Court.

4. In view of the statement made by the learned APP, impugned

orders dated 02.02.2022 passed by the Deputy Inspector General of

Prisons, Western Region, Pune and Order dated 01.06.2022 passed by

the Appellate Authority are hereby set aside.

5. Petition is allowed in the aforesaid terms.

[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.]

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:

2022.11.21 18:47:01 +0530