Arvind Sangitrao Deshmukh v. Deputy Inspector General Prison, East Nagpur And Another

1 Cri.W.P.113.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 113 OF 2021 Arvind Sangitrao Deshmukh (In jail), ..VS..

Deputy Inspector General Prison, 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 S. D. Chande, Advocate for the petitioner. Shri N. R. Patil, A.P.P. for the respondents. CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 01.03.2021 Heard Shri S. D. Chande, learned counsel for the petitioner and Shri N. R. Patil, learned A.P.P. for the respondents.

2.

On instructions, learned counsel for the petitioner, submits that the petitioner desires to resort to the remedy of appeal as provided under Rule 2(3) of the Prisons (Bombay Parole and Furlough) Rules, 1959 and, therefore, he seeks leave of this Court to withdraw the petition with necessary directions in the matter. 3.

Leave to withdraw the petition with liberty to file an appeal is granted.

4.

It is directed that the appeal may be filed within one week from the date of the order and if it is so filed, it

2 Cri.W.P.113.2021 is further directed same shall be decided in accordance with law by Appellate Authority within two weeks from the date of filing of the appeal.

5.

We further direct that the Appellate Authority shall duly consider the health problems of the petitioner and also the fact that it is the contention of the petitioner that there is nothing available on record which would show that the women surety proposed by the petitioner is not capable of keeping her promise in the matter. The Writ Petition stands disposed of accordingly. JUDGE JUDGE Kirtak