Chingya @ Samir Nijam Pathan v. The State Of Maharashtra

SLJ 61-WP-5656-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5656 OF 2021 Chingya @ Samir Nijam Pathan

...Petitioner

V/s.

The State Of Maharashtra

...Respondent

Mr. Ashok Pandire, Appointed Advocate for Petitioner. Mr. S.S. Hulke, A.P.P. for the Respondent-State. Mr. Chandrakant Kadam, Jailor, Group -2, Nashik Road Central Prison. Nashik is present.

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

DATE : 8th FEBRUARY, 2023.

P.C.:- .

Learned A.P.P. on instructions from Superintendent, Nashik Road Central Prison, Nashik submitted that, the Application of Petitioner dated 15.02.2019 for furlough leave will be considered by the Competent Authority as per Circular Dated 17.08.2022 issued by the Additional Director General of Police and Inspector of Prisons, Maharashtra State. The said statement is accepted.

2.

In view thereof, Orders dated 05.03.2019 passed by the Competent Authority and 02.07.2020 passed by the Appellate Authority are set aside. 3.

Petition is partly allowed in the aforesaid terms. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2023.02.13 11:37:25 +0530 (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) SAJAKALI LIYAKAT JAMADAR 1/1