Jitendra S/O Uttamrao Nagrale (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General Of Prison, Nagpur And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION No. 462/2016.

Jitendra Uttamrao Nagrale (In Jail) -VERSUSThe State of Maharashtra and others.

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 : OCTOBER 13, 2016.

Heard Ms. S.V. Salwankar, learned Counsel (appointed) for the petitioner and Ms. N.R. Tripathi, learned A.P.P. for respondents.

2.

Petitioner has not been released on any kind of leave after his conviction. As per police verification report, his father is ready to stand as surety and has also executed necessary bond.

3.

Only because prosecution witness apprehended danger to her life, furlough leave has been declined. The said apprehension is not supported by any material.

4.

In any case, respondents can impose appropriate conditions, including the condition of attendance at concerned police station at regular intervals.

5.

In view of this, we quash and set aside the impugned order and direct the respondents to take necessary undertaking and bond executed from the petitioner so also his surety so as to release him within a period of three weeks. Writ Petition is, thus partly allowed and disposed of.

6.

Fees for the learned counsel appointed for the petitioner is quantified at Rs. 1500/-.

JUDGE JUDGE Rgd.

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

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