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Bombay High CourtWP/5936/2019

Fularam Navaramji Meghwad v. The State Of Maharashtra

2019-12-02Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 wp-5936.18, 509.18.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5936 OF 2019 WITH CRIMINAL APPLICATION NO.509 OF 2018 IN WRIT PETITION NO.3535 OF 2018 Fularam Navaranji Meghwad ... Petitioner Vs.

The State of Maharashtra ... Respondent None for the Petitioner.

Dr. F.R. Shaikh, APP for the Respondent - State. CORAM : B. P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : 2nd DECEMBER 2019.

P.C.:

Furlough leave of petitioner has been rejected on the ground that his co-convict has when released on parole leave absconding. This order of rejection dated 18th March 2019 has been maintained in Appeal on 28th August 2019.

Prisoner hails from State of Rajasthan and appears to be in jail from the date of offence. He has put in about 5 years 9 months and 20 days.

2 wp-5936.18, 509.18.odt In this situation, we find that question whether he can be restrained from proceeding to State of Rajasthan or can be asked to furnish local sureties needs to be looked into. If prisoner applies again for grant of furlough leave, authorities may consider these options and pass suitable orders afresh. With these directions and keeping all contentions of petitioner open, we dispose of the petition.

Order be communicated to prisoner in jail.

(SMT. SADHANA S. JADHAV, J.) (B.P. DHARMADHIKARI, J.)