Vijay S/O Anandrao Thakare (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General Of Prison, Nagpur And Another

1 cwp585.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.585 OF 2016 [Vijay s/o Anandrao Thakare .vs. State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATED : SEPTEMBER 23, 2016.

Heard Advocate Ms. R.V. Ramteke [appointed] for the petitioner and learned A.P.P. Shri V.A. Thakre for the respondents. Perused the record.

Furlough has been declined to petitioner on the ground of late surrender. The petitioner-prisoner is undergoing imprisonment since 6.2.2008. He was released on parole in 2008 and he has reported late by 412 days on 14.12.2009. Permanent remission cut was effected on that occasion. He was again released on 1.11.2011 on furlough leave and he has reported on 6.1.2013 after overstay of 720 days. On that occasion, he was denied canteen facility for two months. Lastly he was released on 27.5.2015 because of orders of this Court and he has reported late by 29 days. Canteen facility was declined for him for a period of one month. Even after orders of this Court, he has reported late by 29 days.

In this situation, taking over all view of the matter, we direct authorities to release him on furlough after obtaining two independent sureties and necessary bonds from them as also from petitioner with a condition of

2 cwp585.16.odt reporting at concerned Police Station once in every three days and not to leave the area of that Police Station during the period of furlough leave.

Criminal Writ Petition is accordingly partly allowed and disposed of.

Charges of appointed counsel are fixed at Rs.1500/-.

JUDGE JUDGE Gulande

3 cwp585.16.odt 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 : A.S. Gulande, P.A. Uploaded on : 26.09.2016