Padmasingh Daulatsingh Jarhade Con.No- C-6169 v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL WRIT PETITION NO. 392 OF 2015 PADMASINGH DAULATSINGH JARHADE CON.NO- C-6169

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner : Mr. Choudhar M.M. (appointed) APP for Respondent: Mr. S. B. Pulkundwar.

*** CORAM: T. V. NALAWADE & INDIRA K. JAIN, JJ.

DATED: 30th APRIL, 2015.

PER COURT:

1.

Today, a copy of the order made by the authority concerned is produced and it shows that due to over stay of the applicant after grant of furlough leave the application filed for furlough leave came to be rejected. The averments made and the affidavit show that on many occasions both furlough and parole leave were granted even when in the year 2008 the applicant did not turn up for about 250 days and he was required to be arrested by the police, the furlough was again granted in

-:(2):- the year 2011. Furlough was granted subsequent to that also but he again did not turn up when the leave period was over. The Rules in that regard are mentioned and it can be said that there is nothing wrong in the order made. It is not possible to set aside the order. 2.

The submissions made show that the petitioner is aged about 66 years and the life imprisonment is given for the offence punishable under section 302 of I.P.C. His son in law is ready to stand as surety. In view of this circumstance and as the authority had considered the applications inspite of such lapses, this Court holds that in future the application can be considered. With these observations, application is disposed of. The fees of the learned counsel appointed is quantified at Rs.1,500/-. [INDIRA K. JAIN, J.] [T.V.NALAWADE,J.] Dt.30/04/2015 ans/392