Bombay High CourtWP/529/2016partly allowed

Mohan Gulabrao Badlinge (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General Of Prison, Nagpur And Others

2016-09-28Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.529 OF 2016 Mohan Gulabrao Ganlnige ..vs..

State of Maharashtra and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Mrs. P.S. Zonting, counsel for the petitioner (appointed). Shri N.B. Jawade, Addl.P.P. for the respondents/State.

CORAM

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

DATED : SEPTEMBER 28, 2016.

Heard learned counsel Mrs. P.S. Zoting appointed for the petitioner and learned Additional Public Prosecutor Shri N.B. Jawade for the respondents/State.

The furlough has been declined on the ground that earlier when the petitioner was released on parole, he reported late by 30 days. The other ground is, the petitioner has not offered any relative as surety. Learned counsel Mrs. P.S. Zoting states that she attempted to obtain instructions from the prisoner, but till date there is no response.

Learned Additional Public Prosecutor Shri N.B. Jawade points out that as no relative is waiting for the petitioner, the petitioner cannot be granted .....2/-

furlough.

We keep the contention open. If petitioner is in a position to obtain surety of any relative or any relative is otherwise ready to receive him, the application shall be considered as per law ignoring the fact that earlier he has reported late.

The criminal writ petition is accordingly partly allowed and disposed of.

Charges of learned counsel Mrs. P.S.

Zonting appointed for the petitioner are quantified at Rs.1500/- (rupees fifteen thousand only).

JUDGE JUDGE !! BRW !!

.....3/-

C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on :- 29/09/2016 (Personal Assistant) ...../-