Sunil Vishwanath Gaikwad v. The State Of Maharashtra

MINAL SANDIP PARAB by MINAL SANDIP PARAB Date:

2022.06.15 17:35:18 +0530 22_WP1686_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1686 OF 2017 Sunil Vishwanath Gaikwad ...

Petitioner Vs.

State of Maharashtra ...

Respondent Through jail. None for Petitioner.

Ms. M. H. Mhatre, APP for Respondent-State.

CORAM : S. S. SHINDE & MILIND N. JADHAV, JJ.

DATE : JUNE 15, 2022 P.C. :

.

We have carefully perused the grievances of the petitioner mentioned in the petition.

2.

The petitioner had applied for furlough. Police authority was supposed to file the report within 15 days from filing of such application. However, it appears from the perusal of the averments mentioned in the petition that such report was received after four months from filing of the said application. In case, the averments of the petitioner are in consonance with the record maintained by the jail authorities, the action of the concerned police officer to submit the report after four months from filing of the application for furlough cannot be countenanced by any standard. 3.

Be that as it may; due to passage of time, it is not possible to grant any relief to the petitioner except directing the IG, Prison and also to the Director General of Police to issue circular to the concerned police stations / authorities to submit the report(s) on an application filed by the convict for furlough or parole, as the case may be, within the stipulated period as per 1/2

22_WP1686_17.doc the Prison Manual. Such circular shall be issued within eight weeks from the date of receipt of this order.

4.

With the above observations, writ petition stands disposed of. 5.

Registry shall send a copy of this order to the concerned jail authority, who in turn, shall communicate the same to the petitioner. 6.

List on 17.08.2022 under the caption of 'for compliance of directions'.

(MILIND N. JADHAV, J.) (S. S. SHINDE, J.) Minal Parab 2/2