Shekhar S/O Bhimrao Meshram v. State Of Maharashtra Thr. D.I.G. (East) Nagpur And Another

3-cri.wp n.564-20-Judgment 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 564 OF 2020 PETITIONER :- Shekhar Bhimrao Meshram age-32,C-8152,Central Prison Nagpur,(Presently R/A, Plot no.164, Chandan Nagar Medical Square, Nagpur.

...VERSUS...

RESPONDENTS :- 1.State of Maharashtra through D.I.G.

(East)Nagpur.

2.Superintendent of Central Prison Nagpur.

--------------------------------------------------------------------------------------------- Mr.A.Y.Sharma, counsel for the petitioner.

Ms.N.R.Tripathi, APP for the respondents.

-------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & AVINASH G. GHAROTE, JJ.

DATE : 28.10 .20 .

O R A L J U D G M E N T (Per : Sunil B.Shukre , J.) 1.

Heard. Rule. Rule made returnable forthwith.

2.

Heard Learned counsel for the petitioner and learned APP for the respondents, who appears by waiving notice. 3.

The petitioner was granted furlough leave and was Kavita

3-cri.wp n.564-20-Judgment 2/2 released from prison on 23.09.2020. The petitioner's due date of surrender to the prison was 22.10.2020. However, it is seen from the documents filed on record, petitioner could not do so as he turned Covid-19 positive. A copy of the certificate issued by Nagpur Municipal Corporation, Nagpur in this regard discloses that the test result was declared on 20.10.2020. Now, by this petition, the petitioner is seeking extension of his furlough leave as he is home quarantined.

4.

Considering the fact that the petitioner has become Covid-19 positive, it would be in the interest of the petitioner and also everybody at or in the prison that the petitioner is allowed to undergo the requisite quarantine period in safe environs. 5.

In the result, this petition deserves to be allowed. The petition is allowed in terms of the prayer clause. The extension of 15 days shall starts from 23.10.2020.

6.

Rule is made absolute accordingly. No costs.

JUDGE JUDGE Kavita