Ganesh Tukaram Telang (In Jail) v. State Of Maharashtra, Through Inspector General Of Prison, Pune And Others

2701wp574.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION (wp) No. 574 OF 2015 Dinesh Tukaram Telang v.

State of Maharashtra & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 27 th JANUARY, 2016 Heard Advocate Mrs.Chobe appointed for the petitioner and learned APP for the State.

Perused the reply. Furlough has been refused on the ground that when the petitioner was released earlier on furlough leave on 11.7.2014, he reported back late by one day. This is the solitary instance which is being pressed into service.

We have perused the impugned order.

Impugned order shows that due to adverse police report the absence of property in the name of surety, lack of competency in him to control the petitioner and no relative of petitioner being seriously ill or then the opposition of locals have been looked into.

2701wp574.15 Petitioner is seeking furlough leave and not parole. Impugned order, therefore, shows non-application of mind. It is, therefore, quashed and set aside. Respondents are directed to grant furlough leave to the petitioner after obtaining necessary undertaking and bonds. Petition is allowed and disposed of.

Professional charges of learned counsel appointed for the petitioner are quantified at Rs.1500/-. JUDGE JUDGE /TA/