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Bombay High CourtWP/64/2016others disposed off

Sayyed Amin Sayyed Nabi (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

2016-11-16Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre3 pages

cwp.64.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.64 of 2016 (Sayyed Amin Sayyed Nabi vs.

The D.I.G. Prison (E)(R), Nagpur and another) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri H.G. Katekar, Advocate (appointed) for the Petitioner. Mrs. Mayuri Deshmukh, A.P.P. for the Respondents.

CORAM

: B.P. DHARMADHIKARI AND S.B. SHUKRE, JJ.

DATE : 16 th NOVEMBER, 2016.

Heard the learned Counsel for the petitioner and the learned A.P.P. for the State.

Furlough has been declined on apprehension that the petitioner-prisoner after released may pressurize or act against the witnesses.

It is not in dispute that after earlier hearing, the petitioner was asked to furnish alternate address, where he would stay during his furlough leave i.e. at the place out of Amravati District.

The learned Counsel for the petitioner submits that though relatives of the petitioner have contacted him, the alternate address has not made available to him.

cwp.64.16 2 In this situation, we grant liberty to the petitioner to submit such address within a period of four weeks from today. If such address is received by the respondents, the respondents shall consider the release of the petitioner on furlough with appropriate conditions including that of his appearance before the police at that place at regular intervals. Such a decision shall be taken by the respondents within six weeks from receipt of the alternate address.

Accordingly, the writ petition is partly allowed and disposed of.

Charges for the learned Counsel appointed for the petitioner are fixed at Rs.1,500/- (Rupees One Thousand Five Hundred Only).

JUDGE JUDGE *sdw

cwp.64.16 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 16/11/2016 P.A. to the Hon'ble Judge.