Yogesh Madhav Dabhade v. The State Of Maharashtra

5-cr-wp-442-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 442 OF 2020 Yogesh M. Dabhade ... Petitioner V/s.

The State of Maharashtra ... Respondent ---------------- Ms Saloni M. Ghule (appointed) for the Petitioner. Mr. K.V. Saste, APP for the Respondent - State. ----------------

CORAM

:

B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N.R. BORKAR, J.

DATE :

MARCH 6, 2020.

P.C.

1] Heard learned counsel (appointed) and learned APP. Perused the order dated 25th June 2019 passed by Dy. Inspector General of Prisons, Central Region, Aurangabad and also the order dated 21st November 2019 passed by the appellate authority.

2] Only ground for rejection of furlough is adverse police report.

3] Prisoner was in judicial custody from 30th March 2010 till 28th June 2010 and thereafter on bail till his conviction. He is Dinesh Sherla 1/2

5-cr-wp-442-20.doc again in jail as a convict from 14th July 2016 till 30th November 2019.

4] There is no police complaint by any witness or informant of any threat or misbehavior by prisoner when he was on bail. 5] We therefore, fnd adverse police report is unjustifed. 6] In this situation, we quash and set aside the impugned orders. The frst authority is directed to pass fresh orders extending furlough to the petitioner within four weeks after communication of this order to it.

7] This order be served on the prisoner in Jail. (N.R. BORKAR, J.) (ACTING CHIEF JUSTICE) Dinesh Sherla 2/2