Ramdas S/O. Vishwanath Marsinge (In Jail) v. Deputy Inspector General Of Prison, Central Prison Nagpur And Another

1904cwp122.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 122 OF 2017 (Ramdas s/o Vishwanath Marsinge vs. Deputy Inspector General of Prison, Central Prison, Nagpur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

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

APRIL 19, 2017.

Heard Ms. S.B. Khobragade, learned counsel for the petitioner and Mrs. N.R. Tripathi, learned APP for the respondents.

2.

Though there is previous history of not surrendering on due date, the late reporting mostly is after short delay. In the face of this history, on 16.06.2016, the petitioner was released on parole leave and he has reported back on due date. Thus, in the light of his last release and reporting on due date, the earlier history does not remain that relevant.

3.

We, therefore, find impugned order, denying furlough leave unsustainable. It is quashed and set aside. After obtaining bonds and undertaking from the petitioner, he shall be released on furlough leave within next three weeks.

4.

Criminal Writ Petition is disposed of accordingly. No order as to costs.

JUDGE JUDGE *GS.