Prakash S/O Gajanan Gohokar (In Jail) v. State Of Maharashtra, Thr. Dy. Inspector General Of Prison (East), Nagpur And Another

1010cwp472.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 472 OF 2016 (Prakash s/o Gajanan Gohokor (in Jail) vs. State of Maharashtra thr. Dy. IGP (East), Nagpur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

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

OCTOBER 10, 2016.

Heard Ms. N.C. Sorte, learned counsel (appointed) for the petitioner and Shri N.R. Rode, learned APP for the respondents.

The impugned order dated 22.02.2016 rejects the prayer for furlough only on the ground that the witnesses and residents in the village have objected to it. Apprehension of breach of peace is expressed in police report because of this objection. However, there is no material to substantiate it. The petitioner has not enjoyed leave before this.

In this situation, after obtaining necessary undertaking/ security and surety from him, he shall be released on furlough leave as per rules within a period of two weeks from today.

Criminal Application is accordingly partly allowed. The charges for the counsel appointed for the petitioner are fixed at Rs.1,500/-.

JUDGE JUDGE *GS.

1010cwp472.16 C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by : G. Shamdasani Uploaded on : 10.10.2016.