Raju S/O. Pandurang Kokate (In Jail) v. State Of Maharashtra Thr. D.I.G. Prison (East) Nagpur And Another

1 cwp322.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.322 OF 2018 [Raju s/o Pandurang Kokate .vs. State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.Y. Sharma, counsel (appointed) for the petitioner, Shri I.J. Damle, APP for the respondents-State. ..........

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOS HI, JJ .

DATED : APRIL 13, 2018.

Heard.

By this criminal writ petition the petitioner challenges the order of the D.I.G. Prisons, Nagpur dated 19.1.2018 rejecting the furlough leave application of the petitioner. The impugned order appears to be just and reasonable and calls for no interference in exercise of the writ jurisdiction. When the petitioner was released on furlough leave on the earlier occasion, the petitioner had absconded and was required to be brought to the prison 3729 days after the expiry of the due date. Since the petitioner was required to be brought to the prison nearly ten years after he was released on furlough leave, it would be necessary for the petitioner to remain in the prison for few more years before seeking furlough leave.

In the circumstances of the case, we dismiss the writ petition. Order accordingly.

JUDGE JUDGE Gulande