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Bombay High CourtWP/260/2015dismissed

Vinod Vinayak Thakre (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

2015-04-24Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1 wp260-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.260 of 2015 Vinod Vinayak Thakre -Versus - The D.I.G. Prison ( E) (R ) and another.

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Ms. S.B. Saikhede, Advocate (appointed) for petitioner. Shri P.D. Rane, APP for respondents.

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

DATED : 24rd APRIL, 2015.

1.

The petitioner has approached this court being aggrieved by rejection of his extension of furlough leave. 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, 120 of Indian Penal Code by judgment dated 13.1.2011.

We have noted that initially as per the order of respondent no. 1, petitioner was released on furlough leave for 14 days on 26.7.2013 with direction to surrender on due date i.e. on 10.8.2013. However, petitioner overstayed for 26 days and thus his extension was not considered by the impugned order dated 3.4.2015.

Having considering the fact that petitioner was required to surrender on due date while on furlough leave earlier, however he failed to abide by the condition. We find no reason to interfere with the order passed by the competent authority refusing extension of furlough leave to the petitioner. The petition is, therefore, devoid of merit and is liable to be dismissed. Hence, the following order.

2 wp260-15.odt ORDER.

1.

Criminal Writ Petition No. 260/2015 is dismissed. 2.

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

JUDGE JUDGE Hirekhan