Nadimoddin Najmiddin (In Jail) v. Deputy Inspector General(Prisons) (East) Nagpur

1 wp76.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.76 OF 2019 (NADIMODDIN NAJMODDIN...VS.. THE D.I.G. OF PRISON (E) (R) & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mir Nagman Ali, Advocate for Petitioner. Ms Nandita Tripathi, A.P.P. for Respondent/ State. CORAM : Z.A.HAQ AND VINAY JOSHI, JJ.

DATED : MARCH 13, 2019.

The learned Advocate for the petitioner, after arguing for sometime, realized that after the application for grant of furlough leave was submitted on 18th November 2017, pursuant to his earlier application, he was released on furlough leave as per judgment passed by this Court in Writ Petition No. 308 of 2018 and after availing the furlough leave he surrendered in August 2018. The application submitted by the petitioner on 18th November 2017 is dismissed on 21st August 2018 i.e. immediately after he surrendered on availing furlough leave. Realizing that, in such situation, he will not be entitled for furlough as requested by the application dated 18th November 2017, the learned Advocate for the petitioner sought permission to withdraw the petition with liberty to submit fresh application.

The petition is disposed as withdrawn with liberty as prayed for.

(VINAY JOSHI, J.) (Z.A.HAQ, J.) RRaut..