Balu @ Prashant S/O Chagan Tembhurne (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General Of Prisons, Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 470/2016.

Balu @ Prashant Chagan Tembhurne (In jail) -VERSUSState of Maharashtra 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 30, 2016.

Heard Shri N.H. Samundre, learned counsel for the petitioner and Ms. Tripathi, learned A.P.P. for respondents.

2.

Petitioner on the strength of very same surety has been released on four occasions. On three occasions, after enjoying furlough leave, he has reported back on due date. On one occasion only he has been late by 15 days, however, he voluntarily surrendered.

3.

Learned counsel for the petitioner explains that as circumstances then warranted, extension was applied for and therefore, in the process the petitioner

did not report on due date.

4.

Learned A.P.P. is relying upon the reply affidavit. She submits that as the petitioner did not report back on due date, the impugned order needs to be maintained.

5.

It appears that because of pending application for extension of furlough leave the petitioner did not report on due date. In this situation, no fault can be found with his surety. Similarly, as the petitioner has reported back himself, it cannot be said that he has absconded. Hence, the impugned order is quashed and set aside. After obtaining appropriate surety and bound from the petitioner, respondents shall extend him furlough leave.

6.

Criminal Writ Petition is accordingly disposed of. No costs.

JUDGE JUDGE Rgd.

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

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