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Bombay High CourtWP/497/2020rule absolute

Shidwa Navshya Raote v. The State Of Maharashtra And Others

2020-06-09Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

Cri.W.P.No. 497/2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 911.

CRIMINAL WRIT PETITION No. 497 of 2020 Shidwa Navshya Raote, age major occupation nil R/o Manikpur post Gajjad Tal. Dahanu Dist. Palghar at present Visapur Open District Prison Dist. Ahmednagar

...Petitioner

VERSUS

1.

The State of Maharashtra 2.

The Deputy Superintendent of the Open Prison Visapur Dist. Ahmednagar.

3.

The Deputy Inspector General of Police (Prison) Western Region, Yerwada, Pune.

...Respondents

Mrs. Sharda P. Chate, Advocate for petitioner Mr. R.V. Dasalkar, Addl. Public prosecutor for respondents. C ORAM : T.V. NALAWADE & SHRIKANT D. KULKARNI , JJ.

DATE : 9th June, 2020 J U D G M E N T :

1.

Notice for final disposal. The learned Addl. Public Prosecutor waives service for all the respondents. Heard both the sides.

Cri.W.P.No. 497/2020 2.

Rule. Rule made returnable forthwith.

3.

Submissions made show that the petitioner is eligible for consideration of granting furlough leave. He is kept in Open Prison, Visapur Dist. Ahmednagar. It is the contention that the application was moved about 3 to 4 months back but no decision was taken on the application. In view of this circumstance, this Court holds that Pandemic of Covid 19 should not be a reason for not taking decision on such furlough application. So, the direction is given to the respondents to take decision on the application within 15 (fifteen) days.

4.

Rule made absolute in those terms.

( SHRIKANT D. KULKARNI ) ( T.V. NALAWADE ) JUDGE JUDGE Madkar