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Bombay High CourtWP/680/2016partly allowed

Rajkumar Tularam Adkane (In Jail) v. Deputy Inspector General (Prisons) (East) Nagpur And Another

2016-11-18Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre1 pages

27-WP-680-16 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.680 OF 2016 Rajkumar Tularam Adkane (in jail) -vsThe D.I.G. (Prisons) (East) Nagpur and anr. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Mir Nagman Ali, Advocate for petitioner. Shri M. J. Khan, APP for respondents.

CORAM : B. P. DHARMADHIKARI & S. B. SHUKRE, JJ.

DATE : November 18, 2016 Heard Advocate Shri Mir N. Ali for petitioner and Shri M.J. Khan, learned Addl. Public Prosecutor for respondents. Perused reply and certificate dated 15/05/2016 issued by Superintendent, Open Prison at Gadchiroli.

It appears that petitioner has reported on due date after enjoying extended furlough leave. Affidavit in reply shows that he has reported late by one day. On earlier occasions he has reported late, but voluntarily.

In this situation, we find denial of furlough unsustainable. Accordingly, we direct the respondents to obtain necessary undertaking/bond with surety from the petitioner and direct to release him on furlough within three weeks from today. Criminal writ petition is partly allowed and disposed of. JUDGE JUDGE Asmita