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Bombay High CourtWP/502/2021disposed off

Vijay Sadashiv Bhillare v. The State Of Maharashtra And ORS.

2021-04-22Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice Manish Pitale2 pages

1/2 23-WP-502-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 502 OF 2021 Vijay Sadashiv Bhillare

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

...

Mr. Kuldeep Patil i/by Mr. Ranjeet Patil for Petitioner. Mr. S.R. Shinde, APP for State.

...

CORAM : S. S. SHINDE & MANISH PITALE, JJ.

DATE : 22nd APRIL, 2021.

P.C.:

1.

Heard learned counsel appearing for the petitioner. Admittedly, the order impugned in this petition is passed in the month of August-2019, thereby application of the petitioner for release him on furlough has been rejected. After lapse of 6 months from the date of the earlier application, the petitioner is entitled to file fresh application. In that view of the matter, we do not find it necessary to go into the correctness of the impugned order. The ends of justice would be meet, in case the Petitioner is allowed to apply afresh to the jail authority and the concerned jail authority is directed to decide the same on its own merits and keeping in view the fact that one of the co-accussed was directed to be released on Bhagyawant Punde

2/2 23-WP-502-2021.doc furlough by this Court (Coram: S.S. Shinde & M.S. Karnik, JJ.) in Writ Petition-ASDB-LD-VC No. 261 of 2020 (Pravin Vishnu Bhilare Vs. State of Maharashtra & Ors).

2.

In that view of the matter, we grant liberty to the petitioner to file fresh application within one week from today. In case, such application is filed, the concerned jail authority to decide the same as expeditiously as possible, however, within three weeks from filing of such application.

3.

In the light of above, the writ petition stands disposed of. ( MANISH PITALE, J.) (S. S. SHINDE, J.) Bhagyawant Punde