Namdeo Pandurang Kamble v. The State Of Maharashtra

Osk 65-Wp-418-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 418 OF 2022 Namdeo Pandurang Kamble ... Petitioner V/s.

The State of Maharashtra ... Respondent None for Petitioner.

Mr.Ajay Patil, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 25th January 2023.

P.C. :

1.

Learned A.P.P., on instructions from Superintendent, Nashik Road Central Prison, Nashik, submitted that, the application for furlough leave of the Petitioner has been rejected by the Competent Authority on the ground that, when he was released on parole leave on 4th August 1998, he did not report to the Jail Authority on stipulated date and was reported to be absconding. He was subsequently arrested by Police and lodged to the jail with a delay of 5051 days.

2.

We find that, the reason considered by the Competent Authority for rejecting the application of the Petitioner's furlough leave is in conformity with Rule 4(10) read with 4(20) of The Prisons (Bombay Furlough and Parole) Rules, 1959.

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Osk 65-Wp-418-2022.odt 3.

In view thereof, there is no reason to interfere with the impugned Orders rejecting application of the Petitioner for furlough leave. 4.

Petition is accordingly dismissed.

[ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.01.31 15:14:21 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2