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Bombay High CourtWP/30/2016rejected

Ramesh Raghoji Kulsange (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Other

2016-04-04Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Swapna Joshi2 pages

04.04.wp.30.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 30/2016 (Ramesh Raghoji Kulsange vs. The DIG Prisons (E) (R) Nagpur and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr.a.A. Pannase, Adv. (appointed) for petitioner Ms.S.S. Jachak, APP for respondents CORAM : B.R.GAVAI & Mrs. SWAPNA JOSHI, JJ.

DATED : 4th April, 2016.

Heard.

The petitioner has approached this Court being aggrieved by rejection of his application for furlough, by the respondent no.1. Since the ground given in the application for rejection was adverse the police report, we had requested the learned APP to get the original papers regarding inquiry conducted by the Police Officer.

Accordingly, learned APP has placed on record copy of the enquiry report. Perusal of the same would reveal that the wife of the petitioner as well as all other relatives, are opposed to his release on furlough. Not only that but none of them is willing to stand surety to the petitioner. It is stated in the enquiry report that when on an earlier occasion, he was released on furlough, he had absconded.

In that view of the matter, we do not find that the discretion exercised by the authority warrants

04.04.wp.30.16 interference. Criminal Writ Petition is rejected. The professional fees of Mr. A.A.Pannase Advocate (appointed) are quantified at Rs. 1500/- (rupees fifteen hundred).

JUDGE JUDGE sahare