Bombay High CourtWP/435/2015partly allowed

Rajdeep Mohan Gedam (In Jail) v. Deputy Inspector General (Prisons) (East), Nagpur And Another

2015-07-13Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 435 OF 2015.

Rajdeep Mohan Gedam ..vs.. The D.I.G. Prison (E), Nagpur and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Mir Nagman Ali, Adv. for the petitioner.

Mrs.N.Tripati, APP for respondent nos.1 and 2. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : JULY 13, 2015.

Heard Advocate Mr.Ali for the petitioner and learned APP for respondent nos.1 and 2.

Perused impugned order dated 2nd of May, 2015 and affidavit-in-reply filed by respondents.

Petitioner is in jail since 25th of July, 2013. The furlough has been denied on the ground that if he is released there may be breach of peace.

Learned counsel for the petitioner submits that the apprehension is not substantiated. Petitioner was on bail during trial and no such type of incident has been reported during that period. Learned Additional Public Prosecutor opposing his release. According to her, the apprehension has been supported by affidavit of a responsible Officer.

We find that if during trial when petitioner was on bail he has not committed any breach of peace, apprehension that he will indulge in any such activities now is unsustainable. Hence, subject to obtaining proper surety bond and an undertaking from the petitioner, we direct that he be released on furlough leave within three weeks from

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Application is partly allowed and disposed of. No costs.

JUDGE JUDGE Chute.