Suraj Shyam Arkhel (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 495 of 2015 [Suraj Shyam Arkhel (in jail) Vs. D.I.G. Prison (E) ®, Nagpur, & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. G.L. Agrawal, Adv. [appointed] for the petitioner. Mr. Dube, APP for respondents.

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CORAM

:

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

DATE :

05th August, 2015.

Heard. Perused the reply and in particular para 5 thereof, which we entirely reproduce as under:- "5.

The details of parole and furlough leave availed by the petitioner and the date of surrender is shown in the charge below:

Sr.

No.

Particulars Date of release Date of surrender Remarks 1.

Furlough leave [two weeks] 12-09-2002 Not surrendered on due date Surrendered himself late by 23 days, i.e., on 19.10.2002 2.

Furlough leave [two weeks] 24-3-2005 Not surrendered on due date Surrendered himself late by 3 days i.e., on 10.4.2005 3.

Parole leave 15 days and extended 15 days 21-10-2005 Not surrendered on due date Surrendered himself late by 3 days I.e, on 23.11.2005

4.

Furlough leave [two weeks] extended 14 days 17-5-2006 Not surrendered on due date Surrendered himself late by 5 days, I.e, on 19-6-2006.

5.

Parole leave 30 days & extended 60 days.

3.2.2007 Not surrendered on due date Surrendered himself late by 194 days i.e., on 14.11.2007 Furlough leave [two weeks As per directions by the Hon'ble High Court in Cr. W.P.

424/08 order dated 9.9.2008 15.09.2008 Not surrendered on due date Surrendered himself late by 109 days i.e., on 16.1.2009 7.

Parole leave 30 days 1.4.2009 Not surrendered on due date Surrendered himself late by 74 days i.e., on 14.07.2009 Parole leave 30 days and extended 60 days 27.11.2009 Not surrendered on due date Surrendered himself late by 23 days i.e., on 31.3.2010 Parole leave 30 days and extended for 30 days 27.05.2010 Not surrendered on due date Arrested by police authority and brought back to this prison after a period of 53 days i.e., on 18.9.2010 Furlough leave [two weeks] 19.5.2011 Not surrendered on due date Surrendered himself late by 34 days, i.e., on 20.7.2011 Furlough leave [two weeks] 15.10.2012 Not surrendered on due date.

Surrendered himself late by 78 days, i.e.,, on 30.1.2013 In view of above, we make the following order:- Criminal Writ Petition No. 495 of 2015 is partly allowed.

Petitioner is at liberty to file an appeal against

the impugned order, since this petition is not entertained.

Judge Judge | Hedau|