Digambar Rangrao Girigosavi v. The State Of Maharashtra And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 193 OF 2017 Digambar Rangrao Girigosavi
...Petitioner/Accused
Vs.
The State of Maharashtra & Ors.
...Respondent
Ms. Rohini Dandekar, Advocate appointed for the Petitioner Mrs. G.P. Mulekar, A. P. P for the State CORAM : SMT. V.K. TAHILRAMANI AND M.S. KARNIK, JJ.
DATED :1ST FEBRUARY, 2017 P.C. :
Heard both sides.
2.
The Petitioner preferred an application for furlough on 11th November, 2014. The said application was granted. Pursuant thereto the Petitioner was released on furlough on 12th August, 2015 for a period of 14 days. Thereafter the Petitioner preferred an application for extension of furlough for a further period of 14 days. The said application came to be rejected by order dated 19th September, 2016. Hence, this Petition.
3.
The extension for furlough was sought by the Petitioner on the ground of his own illness. The order of rejection shows that the reasons given by the Petitioner for seeking extension of furlough is found to be true. It further states that during the period when the Petitioner was on furlough no untoward incident has been reported. The police report also stated that it was recommended that the furlough period be extended.
4.
Looking to these facts and the reasons given by the Petitioner ie., his own medical ground was found to be true and the fact that the conduct of the Petitioner in prison has been stated to be satisfactory. On humanitarian ground we are inclined to extend the period of furlough. Accordingly the period of furlough is extended by further period of 14 days.
5.
Any prison imprisonment imposed on account of the overstay is set aside. Security deposit, if forfeited, be returned back to the Petitioner.
6.
Office to communicate this order to the Petitioner who is in Kolhapur Central Prison, Kalamba, Kolhapur.
7.
Rule is made absolute in above terms.
(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)