Bombay High CourtWP/604/2016others disposed off

Channilal Punaji Bisen (In Jail) v. State Of Maharashtra, Thr. Deputy Inspector General (Prisons), Nagpur And Another

2016-09-16Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Wrt Petition No. 604 of 2016 [Channilal Punaji Bisen (in jail) Vs. State of Mah. & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S.B. Khobragade, Adv., for the petitioner. Mr. Rajesh Nayak, APP for respondents.

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CORAM

B. P. DHARMADHIKARI AND A.S. CHANDURKAR, JJ.

DATE :

16th September, 2016 Heard respective counsel.

Furlough has been declined by the impugned order dated 09th June, 2016, on the ground that when earlier the petitioner was released, he was required to be arrested and brought back.

We find that he was released for the first time on 1st December, 2014 and he was arrested after three days of overstay.

In this situation, we find denial of furlough on

second occasion unjustified.

Accordingly, we quash and set aside the impugned order dated 9th June, 2016. The respondents shall obtain an appropriate bond and undertaking from the petitioner and his surety, and shall release him on furlough.

Judge Judge |hedau| C E R T I F I C A T E original signed Judgment/Order.

Uploaded by : R.B. Hedau, Uploaded on : 16th Sept., 2016 Pvt. Secretary.