Santosh Kishor More (In Jail) v. The Divisional Commissioner, Nagpur Division, Nagpur And Another

1 wp498-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION No.498 of 2015 Santosh Kishor More (In Jail) -Versus - The Divisional Commissioner, Nagpur Division, 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. S.B. Saikhede, Advocate (appointed) for petitioner. Ms. N.P. Mehta, APP for respondents.

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

DATED : 12th August, 2015.

1.

The petitioner has approached this court being aggrieved by rejection of his application for grant of furlough leave on the ground of illness of his sister by order dated 6.4.2015. 2.

Heard learned counsel for both the sides. Perused affidavit-inreply filed by the respondents and documents. We have noted that petitioner is undergoing sentence of life imprisonment for the offence punishable under sections 302 of IPC.

3.

We find that there is nothing on record to establish the nature of illness sustained by petitioner's sister. Moreover, parents of petitioner are available and they can take care of his sister. Even otherwise, the petitioner is found to be habitual in not surrendering on due date when he was released earlier on parole/furlough leave. 4.

In that view of the matter, we find no reason to allow the petition as it is devoid of merits. Hence, we make the following order. ORDER.

1.

Criminal Writ Petition No. 498/2015 is dismissed.

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

JUDGE JUDGE Hirekhan