Prakash Amarsingh Turi (In Jail) v. The D.I.G. Prison (E) (R), Nagpur And Another

1 wp227-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.227 of 2015 Prakash Amarsingh Turi (In Jail) -Versus - The D.I.G. Prison ( E) (R ) and 1 another.

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Ms. B.N. Jaipurkar, Advocate (appointed) for petitioner. Shri V.A. Thakre, APP for respondents.

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

DATED : 7th MAY, 2015.

1.

Petitioner has approached this court being aggrieved by rejection of his application for grant of furlough leave sought on the ground to visit his family by the competent authority by impugned order dated 22.1.2015.

2.

Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents. Perused affidavit-in-reply. We have noted that the petitioner is undergoing life imprisonment for the offence punishable under Section 302 of Indian Penal Code vide judgment dated 14.8.2013. We have also noted that furlough leave claimed by the petition came to be rejected after considering adverse police report as the witnesses who are involved in the case against petitioner and the Police Patil of village Kinhi have raised objection for his release on furlough. Petitioner has not expressed any willingness to give alternate address where he would reside if released on furlough. In that view of the matter, we find no substance in the petition. The same is thus liable to be dismissed. Hence, the following order.

2 wp227-15.odt ORDER.

1.

Criminal Writ Petition No. 227/2015 is dismissed. 2.

Legal fees to be paid to the appointed counsel is quantified as Rs. 1,500/-.

JUDGE JUDGE Hirekhan