Abdul Zahid @ Raju Abdul Rashid v. Deputy Inspector General (Prisons)(East), Nagpur And Another

1 Cri.W.P.41.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 41 OF 2021 Abdul Zahid @ Raju Abdul Rashid (in jail), ..VS..

Deputy Inspector General (Prisons) (East) Nagpur and Anr., --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri M. N. Ali, Advocate for the petitioner.

Mrs. N. R. Tripathi, A.P.P. for the respondents. CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 24.02.2021 Heard.

2.

There is an alternate remedy of appeal available under Rule 2 of the Prisons (Bombay Furlough and Parole) Rules, 1959 and therefore, learned counsel for the petitioner, on instructions, seeks leave of the Court to withdraw the petition with liberty to file an appeal in the matter and also prays for issuance of necessary directions to the Appellate Authority i.e. Inspector General (Prisons), Pune.

3.

Leave to withdraw the petition with liberty to file an appeal is granted subject to the directions that the Appellate Authority shall condone the delay which has occurred in filing the appeal and shall decide the appeal

2 Cri.W.P.41.2021 in accordance with law within a period of 45 days from the date on which, the appeal is filed.

The Writ Petition is disposed of accordingly. JUDGE JUDGE Kirtak