Dilip Mahipatrao Zungre (In Jail) v. D.I.G. (Prisons) (E) (R), Nagpur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 629 of 2016 [Dilip Mahipatrao Zungare (in jail) Vs. D.I.G. (Prisons) (E) ®, Nagpur, & 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.D. Paul, Adv. [appointed] for the petitioner. Mrs. Deshmukh, APP for respondents.

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CORAM

:

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

DATE :

21st October, 2016 Heard.

Because of arrest and bringing back the petitioner as he did not report within time in the year 2012, furlough leave is declined. Record shows that he was released on 23rd December, 2011 on parole and police arrested him and brought back on 17th March, 2012.

As on date of impugned order, he had put in about eight years four months and twenty-seven days of imprisonment.

Police Verification Report shows that while on

leave, he has not attempted to influence the complainant or any of the witnesses and witnesses reside at a different place, while the petitioner is residing at another place.

Record further shows that for last four years, the petitioner has not availed any leave.

In this situation, after obtaining necessary undertakings/guarantee and bonds from the petitioner, as also his sureties and cash security of Rs.20,000-00 [rupees twenty thousand only], the petitioner shall be released on furlough leave. Authority may impose a condition prohibiting him from living in the area of village in which he resides during that leave. If all formalities are complied with, the petitioner shall be released in furlough leave within two weeks thereafter.

Writ Petition is, thus allowed and disposed of. Charges of counsel [appointed] for the petitioner are fixed at Rs. 1500-00 [rupees one thousand five hundred only].

Judge Judge |hedau|