Shri. Vaibhav S/O. Khushalrao Tijare (In Jail) v. State Of Maharashtra Thr. Deputy Inspector General Of Prison Nagpur And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.88 OF 2017 Shri Vaibhav s/o Khushalrao Tijare ..vs..

State of Maharashtra, through Deputy Inspector General of Prison, Nagpur and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri Niwrutti Meshram, Counsel for the petitioner. Shri R.S. Nayak, Addll.P.P. for the respondents/State.

CORAM

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

DATED : MAY 5, 2016.

Heard learned counsel Shri Niwrutti Meshram for the petitioner and learned Additional Public Prosecutor Shri R.S. Nayak for the respondents/State.

The petitioner did not surrender on due date in January 2016 and was required to be arrested and brought back on 25.4.2016. An offence under Section 224 of the Indian Penal Code is already registered against him.

The petitioner has attempted to demonstrate that during said period, he was suffering from Gastro. After curing from the same, when he reported at jail and requested for arrest, he was not .....2/-

wp88.17 4 arrested. He, therefore, made a representation to the Commissioner of Police, but no action has been taken. This story is missing in pleadings filed before this Court.

We do not find anything wrong with the view taken by the Authorities while rejecting furlough application of the petitioner. There is no jurisdictional error. Hence, the writ petition is dismissed. JUDGE JUDGE !! BRW !!

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