Raghunath Bapu Gawade v. The State Of Maharashtra

{1} crwp29516.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.295 OF 2016 Raghunath s/o Bapu Gavande Petitioner

Versus

The State of Maharashtra & others Respondents Mr.T.A.Quaddri, advocate for the petitioner.

Mr.K.S.Patil, APP for Respondents.

CORAM : R.M.BORDE & K.L.WADANE, JJ.

DATE : 21st April, 2016 PER COURT:

Heard learned Counsel for respective parties. The petitioner is aggrieved by the order of rejection of furlough leave for the period from 03.11.2015 to 17.11.2015. Petitioner has availed furlough leave with effect from 19.10.2015 for the period of fourteen days. On consideration of the application submitted by the petitioner, his furlough leave was extended for further two weeks effective from 03.11.2015 to 17.11.2015. Relying upon Rule 13 of the Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959, it is contended that extension of furlough leave shall be granted only for fourteen days once in a calendar year and no further extension shall be granted to the prisoner.

{2} crwp29516.odt In view of Rule 13, petitioner is not entitled for grant of extension of furlough leave as sought by him. Petitioner is also praying that since he overstayed, no punishment be imposed in the matter of reduction in remission, that would be available to the petitioner. Request, in that regard, is not liable to be considered, since no order has yet been passed by the Respondent authority. Request made by the petitioner, in that behalf, is premature and as such, need not be considered. Writ Petition is devoid of substance. Hence stands dismissed.

Mr.Quadri Taher Ali, advocate appointed to defend case of the petitioner shall be paid legal remuneration of Rs.3000/- (Rs.Three Thousand).

K.L.WADANE R.M.BORDE JUDGE JUDGE adb/crwp29516