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Bombay High CourtWP/529/2018dismissed

Shri. Santosh S/O. Manohar Chavhan (In Jail) v. The State Of Maharashtra Thr. Deputy Inspector General Of Prison Nagpur And Another

2018-12-12Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice S.M. Modak1 pages

1212cwp529.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION (CWP) NO. 529 OF 2018 (Shri Santosh s/o Manohar Chavhan (in Jail) Convict No. C-7839, Central Prison, Nagpur vs. The State of Maharashtra thr. Dy. Inspector General of Prison, 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 : S.B. SHUKRE & S.M. MODAK, JJ.

DECEMBER 12, 2018.

Nobody is present for the petitioner. Shri A.M. Balpande, learned APP appears for the respondents. On the last date i.e. on 05.12.2018 also nobody appeared on behalf of the petitioner, therefore, last chance was given, however, chance so given has not been availed of.

In these circumstances, we have heard the learned APP for the respondents. We have gone through the documents on record, including the impugned order and reply of the respondents. We find that this petitioner is not eligible to seek any furlough in view of prohibition contained in clause 19(2)(C)(i) of the Government Notification dated 16.04.2018, he having not completed actual imprisonment of at least six months from 04.10.2018, i.e. the date on which the petitioner reported to the jail after expiry of his furlough leave granted on 05.09.2018. There is no merit in this petition. It stands dismissed.

JUDGE JUDGE *GS.