Yogesh Balasaheb Ingale v. Inspector General Of Prison

7_appw_367_2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.367 OF 2014 IN CRIMINAL WRIT PETITION NO.2051 OF 2013 Yogesh Balasaheb Ingale ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mrs. Farhana Shah, Advocate appointed for the Applicant. Mr. H.J. Dedia, APP for the Respondent -State. CORAM: SMT. V.K. TAHILRAMANI & SMT. ANUJA PRABHUDESSAI, JJ DATED: 6th APRIL, 2016 PC:- Heard both sides.

2.

The grievance of the Applicant is that his application for furlough came to be rejected by order dated 13.1.2014. 3.

Furlough can be granted for a maximum period of 28 days. However, it is seen that after the application for furlough was rejected on 13.1.2014, the Applicant was released on parole from 26.8.2014 to 25.11.2014 i.e. for a period of 90 days. Thereafter it is seen that the Applicant was released on furlough Megha 1/2

7_appw_367_2014 from 8.9.2015. The Applicant surrendered back to the prison on 7.10.2015. There was over stay on the part of the Applicant of 14 days.

4.

Looking to the fact that after the application of the Applicant for furlough was rejected, he was released on parole for 90 days and thereafter he was released on furlough and that there was over stay on his part, we do not think this is a fit case for interference in rejection of his application for furlough. Hence, application is rejected.

(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.) Megha 2/2