Bhaskar Janu Khadme v. The State Of Maharashtra

(11)WPNo.7902016(2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.790 OF 2016 Bhaskar Janu Khadme ...

Petitioner V/s.

The State of Maharashtra ...

Respondent .....

Mr.Prosper D'Souza, Advocate for the Petitioner. Mr.Arfan Sait, APP for the Respondent/State.

....

CORAM : SMT.V.K.TAHILRAMANI & A. M. BADAR JJ.

DATED : 22nd DECEMBER 2016.

ORAL JUDGMENT : (Per V.K.TAHILRAMANI J.) Heard both sides.

Rule. Rule is made returnable forthwith and the matter is heard finally.

The petitioner preferred an application for furlough which was granted and he was released on furlough from 02/09/2015 to 15/09/2015. The petitioner preferred an application for extension of furlough on 07/09/2015 on the Gaikwad RD 1/2

(11)WPNo.7902016(2) ground of illness of his wife. Extension was sought for a period of 14 days I.e.. from 16/09/2015 to 29/09/2015. The said application for extension of furlough was rejected, hence this petition.

For seeking extension of furlough, petitioner is relying on a medical certificate issued by Shripad Hospital, Khopoli, District Raigad. The medical certificate is without any date. Moreover, the medical certificate shows that wife of the petitioner is suffering from 'pyxeria'. Medical dictionary states that 'pyrexia' means 'fever'.

Looking to the fact that the medical certificate is without any date and looking to the fact that wife of the petitioner was only suffering from fever, we do not think that this is a fit case for grant of extension of furlough, hence prayer of the petitioner is rejected.

Rule is discharged.

(A. M. BADAR J.) (SMT. V. K. TAHILRAMANI J.) Gaikwad RD 2/2