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Bombay High CourtWP/2635/2019others disposed off

Sadanand Namdev Masne v. The State Of Maharashtra

2019-07-22Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice B.P. Dharmadhikari1 pages

rsk 1/1 24-WP-2635-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2635 OF 2019 Sadanand Namdev Masne

...Petitioner

vs.

The State of Maharashtra

...Respondent

---- Mr.Shashikant Chandak for the Petitioner.

Ms. M.H. Mhatre, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

DATE : 22/07/2019.

P.C.:

.

Heard respective counsel. Perused impugned order rejecting furlough passed on 24/1/2019 and appellate order dated 8/4/2019. 2.

Reason for rejection is adverse police report. 3.

Conviction of the petitioner is under section 302, 307, 143, 147 148 , 149, 504, 500 of IPC and section 4/25 of Arms Act. 4.

The material on record does not show why there is adverse police report. It appears that the petitioner has been transferred to open prison. In this situation, we quash and set aside both the orders and direct Competent Authority viz. Deputy I. G. (Prison), Central Region, Aurangabad to pass fresh order on request of transfer within a period of 6 weeks from the date of communication of this order to it. The petition is partly allowed and disposed of.

(MRS. SWAPNA S. JOSHI, J.) (B. P. DHARMADHIKARI, J.)