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Bombay High CourtWP/625/2021rejected

Yatindrasingh Ajabsingh Chouhan v. The State Of Maharashtra

2021-04-29Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice Manish Pitale2 pages

(22) WP-625-2021 .doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 625 OF 2021 Yatindrasingh Ajabsingh Chouhan ..... Petitioner.

V/s The State of Maharashtra ..... Respondent.

---- Mrs. Jai Kanade, appointed advocate for the Petitioner. Mr. Deepak Thakre, PP a/w Mrs Sangita D. Shinde, APP for the State. ---- CORAM: S.S. SHINDE & MANISH PITALE, JJ.

DATE: APRIL 29, 2021 P.C.:- 1] Being aggrieved by the impugned order dated 19th September 2020 passed by the Superintendent, Nashik Road Central Prison, Nashik, this Petition is filed by the Petitioner. 2] The learned APP has placed on record the report submitted by the Superintendent, Nashik Road Central Prison, Nashik. Perused the Report.

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(22) WP-625-2021 .doc 3] Heard the learned Counsel for the Petitioner and the learned APP appearing for the State.

4] We have carefully perused the impugned order and noticed that when the Petitioner was released on furlough leave on 18/7/2021 for 14 days, the Petitioner did not report to the jail authorities on completion of 14 days period. He overstayed for more than 2181 days. The Petitioner was arrested by the police and then was brought to the jail. The past conduct of the Petitioner, as aforesaid, disentitles him from seeking relief from this Court.

5] Hence, the Writ Petition stands rejected.

6] Registry shall communicate this order to the Superintendent, Nashik-Road Central Prison, Nashik. In addition to the same, the learned APP shall also send a copy of this order to the Superintendent, Nashik Road Central Prison, Nashik. 7] We appreciate the able assistance rendered by Advocate Mrs. Jai Kanade appointed for representing the Petitioner. We quantify her fees at Rs 5000/- to be paid by High Court Legal Services Committee, Mumbai, within four weeks from the receipt of this order.

(MANISH PITALE, J.) (S. S. SHINDE, J.) 2/2