Bhujang Shankarao Chaudhary (In Jail) v. Deputy Inspector General (Prisons) (East), Nagpur And Another

3011cwp810.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 810 OF 2015 (Bhujang Shankarrao Chaudhary vs. DIG (Prisons)(East), Nagpur & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

NOVEMBER 30, 2015.

Heard Shri Mir Nagman Ali, learned counsel for the petitioner and Mrs. Nandita Tripathi, learned APP for the respondents.

Perused the chart which shows the instances on which the petitioner surrendered late.

After his release on 08.01.2015 on parole leave, he has surrendered late only by one day. The reason is, his application seeking extension was then pending.

The learned APP is strongly opposing the prayers.

However, we find that the Assistant Superintendent of Police on 02.08.2015 has recommended release. We, therefore, quash and set aside the impugned order. In terms of said recommendation and subject to fulfilling appropriate terms and conditions, the petitioner shall be allowed to avail furlough leave. The petitioner shall furnish necessary compliance within two weeks.

Criminal Writ Petition is thus partly allowed and disposed of.

JUDGE JUDGE *GS.