Mangesh S/O Madheorao Kapate (In Jail) v. State Of Maharashtra, Through Deputy Inspector General (Prisons), East Division, Nagpur And Another

1006wp304.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.304 OF 2015 (Mangesh s/o Madheorao Kapate vs. State of Maharashtra and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri N.H. Samundre, Advocate for petitioner.

Shri R.S. Nayak, Additional Public Prosecutor for respondents.

---------- CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : JUNE 10, 2015 Heard Shri Samundre, learned Counsel for petitioner, and Shri Nayak, learned Additional Public Prosecutor for respondents. Perused the report dated 7/2/2015 forwarded by Police Deputy Commissioner, Nagpur City to respondent no.2 as also reply affidavit filed by respondent no.2 before this Court.

Considering that petitioner was released earlier on furlough leave and he reported back within

1006wp304.15 2/2 time, apprehension of breach of peace or conclusion that surety (Aunt) will not be in a position to control the petitioner is ill founded. The impugned order dated 11/2/2015 passed by respondent no.1 is set aside. The respondents are directed to release the petitioner on furlough leave at the earliest in accordance with law. The criminal writ petition is disposed of accordingly.

JUDGE JUDGE khj