Kashiram Barku Chavhan (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No.66 of 2015 [Kashiram Barku Chavhan (in jail) Vs. DIG Prison (E) ®, Nagpur, & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. N. Chaubey, Adv. [appointed] for the petitioner. Mrs. Deshmukh, APP for respondents.

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CORAM

:

A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE :

12th February, 2015.

Heard learned counsel for the rival parties. Perused the Affidavit-in-Reply filed by the State. We find that the petitioner-prisoner was last released on parole on 16th November, 2009, but was required to be arrested and, thus, was late by 612 days in returning to jail, for which he must be punished. Be that as it may, looking to the number of days in the matter of punishment etc., and balancing the same with the last release, we think, at this stage, the application should not be entertained. Hence we make

the following order:-

O R D E R

[a] Criminal Writ Petition No. 66 of 2015 is dismissed. [b] Liberty is given to the petitioner-prisoner to apply after six months.

Fees payable to learned Adv. [appointed] for the petitioner is quantified at Rs. 1500-00 [rupees one thousand five hundred only].

Judge Judge |Hedau|