Gitendra Motiram Nirmal v. The State Of Maharashtra And Others

2025:BHC-AUG:5157-DB cwp-155.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 7 CRIMINAL WRIT PETITION NO. 155 OF 2025 GITENDRA MOTIRAM NIRMAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Akash E. Madne Advocate h/f. Ms. Sharda P. Chate Advocate for Petitioner.

Mr. V.K. Kotecha, A.P.P. for Respondents.

...

CORAM: SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATE : 21st FEBRUARY 2025 ORDER :

1.

Present Petition has been filed for directions to respondent No.2 to decide the furlough leave application dated 19th August 2024 given by the petitioner.

2.

Learned APP, upon instructions and placing the documents on record, submits that since the petitioner is originally from Durg District, Chhattisgarh State and therefore, communication was made on 29th September 2024 and reminder was given on 23rd December 2024 for opinion/inquiry, however, till today it has not been received and therefore, the application is pending. 3.

In one of the matter i.e. Criminal Writ Petition No.1748 of

cwp-155.25 2024, having similar issue, we had asked the State to come up with some policy and time limit as to how much time respondent No.2 should wait for the opinion/inquiry of the police of other States when the convict is from different State and wants to go to his native place on furlough leave or parole leave. It appears that the State has not come up with that policy though it was promised by learned Advocate General. We hope that the matter will be again taken up by the present APP with the State. 4.

The fact now remains is that for the said inquiry the application which was filed by the petitioner for furlough leave on 19th August 2024 is not yet decided. We, therefore, direct that respondent No.2 should take up the matter with Superintendent of Police, Durg, Chhattisgarh State immediately and if no response is received within the period of 15 days, then should proceed with to decide the furlough leave application dated 19th August 2024 and it should be decided on or before 21st March 2025.

5.

With these directions, the Writ Petition stands disposed of. [SANJAY A. DESHMUKH] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/FEB25