Arun Laxmanrao Hatwar (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

1 WP278-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.278 of 2015 Arun Laxmanrao Hatwar ( In jail) -Versus - The D.I.G. Prison ( E) (R ) 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.

Ms. Radha Mishra, Advocate (appointed) for petitioner. Mrs. P.D. Rane, APP for respondents.

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

DATED : 29th APRIL, 2015.

1.

Petitioner being aggrieved by rejection of his application for grant of 14 days extension of Furlough leave has approached this court. Petitioner has sought extension on the ground of illness of his son. 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 by judgment dated 03.03.2004.

We have noted that the competent authority on duly considering the documents filed by the petitioner had found that no material documents were placed on record to establish serious illness of petitioner's son. Even otherwise, we have noted that the extension of furlough was sought by the petitioner in the month of July, 2014. In that view of the matter, there is nothing on record to establish as to physical condition of petitioner's son. Moreover, according to police verification report, it is found that while on leave, the petitioner had earlier committed crime and offence punishable under section 448, 427, 452 read with section 34 of Indian Penal Code is registered against him at police Station

2 WP278-15.odt Lakadganj.

In that view of the matter, we find no reason to interfere with the impugned order passed by the competent authority. Petition is, therefore, devoid of merit and is liable to be dismissed. Hence, the following order.

ORDER.

1.

Criminal Writ Petition No. 278/2015 is dismissed. 2.

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

JUDGE JUDGE Hirekhan