Rakesh S/O Vikas Jadhav (In Jail) v. State Of Maharashtra, Thr. Superintendent Of Central Prison Western Division, Pune And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.461 OF 2016 Rakesh s/o Vikas Jadhav (in jail) -vsThe State of Maha. Thr. Central Prison, Pune and anr. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms S. V. Salwankar, Advocate for petitioner (appointed). Ms N. R. Tripathi, APP for respondent/State.

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

DATE : September 21, 2016 Perused the impugned order dated 21/10/2015 as also reply affidavit.

Admittedly the petitioner was released on furloh and he sought extension of fourteen days as his wife is undergoing medical treatment. Extension has been refused on 21/10/2015 as certificate of a private doctor was furnished and there was no record of any government dispensary or Medical Officer.

We find that even on 25/11/2014 Prison Deputy Inspector General, Western Region, Pune had passed an order accepting the treatment by very same doctor. In this situation, the impugned order rejecting extension only on that ground is unsustainable.

2/3 Reply also shows that Superintendent of Morshi Open Prison is awaiting records from Yerawada prison. In this situation, as we find that treatment papers of treatment by Dr Patil could not have been rejected outright, we set aside the order dated 21/10/2015.

We direct the respondents to pass fresh orders on prayer of the petitioner for grant of extension. The orders shall be passed within three months from communication of this order to the concerned officer.

Writ petition No.461/2016 is partly allowed and disposed of.

Charges of Advocate appointed are fixed at Rs.1500/-. JUDGE JUDGE Asmita

3/3 -: C E R T I F I C A T E :- copy of the original signed Judgment/order."

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22/09/2016