Yogesh Pandurang Kupekar v. State Of Mah. Thr. Superintendent Of Jail, Central Jail, Nagpur. And Others

wp 786.21.odt.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Writ Petition No.786/2021 (Yogesh Kupekar V State of Maharashtra and others) ******************************************************************************************************************* OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Mr. R.L. Kadu, Advocate for petitioner.

Ms N.R. Tripathi, APP for State.

CORAM : M.S. SONAK & PUSHPA V. GANEDIWALA, JJ. DATE : 26-10-2021.

Heard Mr. Kadu, learned Counsel for the petitioner and Mrs. Tripathi, learned APP for the State.

2.

The petitioner complains that his application dated 13-02-2020 seeking furlough is yet to be disposed of by the concerned authorities.

3.

According to us, such applications, are required to be disposed of expeditiously one way or the other. This is necessary because furlough or parole is quite often sought for on grounds which make it necessary for the applicant to avail of such benefits at that stage. Besides, if the competent authority decides the matter one way or the other, the convict, can then, exercise rights of appeal or judicial redress before this Court as the case may be. 4.

If the case of the petitioner is pending, without any decision, then the petitioner, is virtually left remediless to explore all such avenues for redressal. Therefore, we agree with the learned

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2/2 Counsel for the petitioner that such applications are required to be disposed of in accordance with the law as expeditiously as possible. 5.

In this case, we do not wish to go into the causes for delay. However, we direct the respondent no.2 or the concerned competent authority to dispose of the petitioner' s application dated 13-02-2020, as expeditiously as possible and in any case within four weeks from today.

6.

If the petitioner wishes to make supplementary application providing further details, the petitioner is granted liberty to do so within a week from today and the same should also be considered and disposed of along with the application dated 13-02-2020. The respondent no.2/competent authority, should communicate its decision to the petitioner within this period of four weeks without fail.

7.

The petition is disposed of with the aforesaid directions. On this occasion, we refrain to impose any costs. (Pushpa V. Ganediwala, J.) (M.S. Sonak, J.) Deshmukh