Sk. Fahim Sk. Gaffar (In Jail) v. D.I.G. (Prison) (East) Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 417/2016.

Sk. Fahim Sk. Gaffar -VERSUSD.I.G. (Prison) (East), 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.

CORAM : B. P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : AUGUST 16, 2016.

Heard Shri N.A. Badar, learned Counsel for the petitioner and Smt. M.H. Deshpande, learned A.P.P. for respondents.

2.

Petitioner before this Court is a convict, sentenced on 16.05.2015. It is claimed that he is in jail since last four years. His application for furlough leave is rejected on the ground that the complainant and prosecution witnesses apprehend danger from him.

3.

Learned Counsel for the petitioner submits that this Court has recently released co-accused on

furlough.

4.

Learned A.P.P. submits that she has no knowledge about release of co-accused. However, she is relying upon reply affidavit to urge that as witnesses have apprehended danger to their life, furlough leave has been rejected.

5.

With the assistance of learned counsel we have perused the papers. Except for the reason that witnesses have apprehended danger to their life, no facts leading to such apprehension are placed on record. It is apparent that before this petitioner was never released on any leave. As such we find the impugned order unsustainable. The same is quashed and set aside.

6.

Respondents are directed to release the petitioner on furlough leave within a period of three weeks from today, after obtaining necessary Bond / undertaking from him and his relatives. Writ Petition is, thus partly allowed and disposed of. No costs. JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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