Saurabh S/O. Vilas Aldak (In Jail) v. Deputy Inspector General Of Prison Central Prison Nagpur And Another

Order 2004wp74.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 74/2017.

Saurabh Vilas Aldak -VERSUSThe DIG of Prison, Central Prison, 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.

CORAM : B. P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

DATE : APRIL 20, 2017.

Heard Ms. S. Khobragade, learned Counsel for the petitioner and Shri V.A. Thakare, learned A.P.P. for respondents.

2.

Petitioner is seeking first release and it is on furlough. It has been declined on the ground that the surety residing at Chargaon, Tahsil Katol will not be in a position to control the movement of the petitioner, who will be staying at Nagpur. It is further observed that the complainant also resides at Nagpur. 3.

Petitioner has offered his mother also as an additional surety and mother is staying at Nagpur.

Order 2004wp74.17 Petitioner will be staying with her at Nagpur. 4, As this is first leave on furlough, other apprehensions are irrelevant and erroneous at this stage. Hence, we quash and set aside the order dated 12.01.2017 and direct the Authorities to obtain necessary bonds and undertaking from the petitioner and his sureties, in accordance with law and release the petitioner within a period of three weeks from today.

5.

Writ Petition is partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.