Anil Namdeo Naiknaware (C-7632) v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 612 OF 2016 ANIL NAMDEO NAIKNAWARE (C-7632)

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner : Through Jail Adv. Rupesh Jaiswal (appointed) APP for Respondents: Mr.R.B.Bagul ...

CORAM : A.V.NIRGUDE & V.L.ACHLIYA,J.

DATE : 17/06/2016 PER COURT :- This petition challenges order dated 29/2/2016 rejecting petitioner's application seeking furlough leave. The petitioner is in jail since 2012 undergoing sentence of life imprisonment. In October, 2015, police inspector of local police station sent an adverse report against petitioner, however, thereafter the petitioner and his relative filed various applications and documents so as to remove doubt created by police inspector's report. The material that came on record after police report of October, 2015, apparently is not considered by the learned D.I.G.(Prisons).

2] We therefore, set aside the impugned order and send the case

-2back to the learned D.I.G.(Prisons) for reconsideration of the application.

3] Petitioner's advocate who is appointed by the Court, be paid fees according to the rules.

(V.L.ACHLIYA,J.) (A.V.NIRGUDE,J.) umg/