Vinod Jatra Bamne v. The State Of Maharashtra

criwp1045-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1045 OF 2015 Vinod Jatra Bamne Convict No.C/166, Presently confined at Visapur District Open Prison Visapur, Dist.Ahmednagar .. PETITIONER

Versus

The State of Maharashtra Through the Deputy Inspector General of police (Prisons) Western Region, Yerwada, Pune.

.. RESPONDENT ...

Through Jail Shri M.M.Nerlikar,APP for respondent State ...

CORAM : A.B.CHAUDHARI AND INDIRA K. JAIN,JJ.

DATED : 14TH SEPTEMBER, 2015 ORDER :- Rule. Rule made returnable forthwith. With consent of rival parties, heard finally.

2] The petitioner-prisoner has prayed for grant of Furlough leave

criwp1045-15 -2for releasing him on personal bond on the ground that he is in open jail at Visapur, Dist,Ahmednagar. The request for grant of Furlough leave on personal bond has been rejected by the impugned order without considering the Full Bench judgment (Coram : N.H.Patil, A.V.Nirgude & T.V.Nalawade,JJ.) of this Court in Criminal Writ Petition Nos.848 and 954 of 2010 in the case of Dipak Sudhakar Wakalekar Versus State of Maharashtra and others reported in 2011 (2) Bom C.R. (Cri) 586, which permits such relief. Hence, following order :

ORDER

Rule is made absolute in terms of prayer clause (b), which reads thus :

"(b) Grant an Order sanctioning Furlough Leave and release the petitioner on Personal Bond or Cash Security of any Amount."

[INDIRA K.JAIN,J.] [A.B.CHAUDHARI,J.] umg/