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Bombay High CourtWP/372/2019others disposed off

Irfan Dastagir Shaikh v. The State Of Maharashtra

2019-06-11Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

rsk 1/1 6-WP-372-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.372 OF 2019 Irfan Dastagir Shaikh

...Petitioner

vs.

The State of Maharashtra

...Respondent

---- Mr.Shantanu R. Phange for the Petitioner.

Mr.Arfan Sait, APP for the Respondent State.

Mr. P.M. Nagawade, Jailor, Nashik Central Jail. ---- CORAM : B. P. DHARMADHIKARI & SANDEEP K. SHINDE, JJ.

DATE : 11/06/2019.

P.C.:

.

Heard learned counsel (appointed) for the petitioner. He states that on earlier two occasions he has been permitted to avail furlough leave by depositing cash as security and hence insistence on an independent surety by respondent at this juncture is unwarranted. 2.

Learned APP is relying upon reply affidavit.

3.

Reply affidavit shows that on earlier occasions also he was required to furnish surety as also cash security. Avernment contained in paragraph No.7 and 11 of said affidavit are not in dispute. 4.

We therefore find the prayer erroneous. The Petition is rejected. Order be communicated to the prisoner in jail. (SANDEEP K. SHINDE, J.) (B. P. DHARMADHIKARI, J.)