Datta Kisan Gole v. State Of Maharashtra And ORS.

Osk 37-Wp-239-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 239 OF 2023 Datta Kisan Gole ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Shailesh Chavan for Petitioner.

Mr. S.S. Hulke, A.P.P. for Respondent-State.

Mr. B.M. Tadavi, Jailor, Gr-II, Yerwada Central Prison is present. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 1st February 2023.

P.C. :

1.

Learned A.P.P., on instructions from Mr. B.M. Tadavi, Jailor, Gr-II, Yerwada Central Prison, Pune, submitted that, the Competent Authority will reconsider the application dated 22nd June 2021 filed by the Petitioner for furlough leave as per the Circular dated 17th August 2022 issued by the Additional Director General and Inspector General of Prisons (Maharashtra State). The said statement is accepted.

2.

In view thereof, the Orders dated 24th March 2022 passed by the Appellate Authority and dated 12th January 2022 passed by the Competent Authority are set-aside and the application of Petitioner dated 22nd June 2021 for furlough leave is remanded back for fresh consideration before the Competent Authority.

3.

Petition is partly allowed in the aforesaid terms. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date: 2023.02.03 13:59:07 +0530 1/1 OMKAR SHIVAHAR KUMBHAKARN