Gulabrao Upasrao Adhaoo (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

wp813.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.813 OF 2015 Gulabrao Upasrao Adhaoo ..vs..

The DIG Prison (E) (R), Nagpur and anr ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Ms Radha Mishra, counsel for the petitioner (appointed). Mrs. Rashi Deshpande, Addl.P.P. for the State.

CORAM

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

DATED : DECEMBER 8, 2015.

Heard learned counsel appointed for the petitioner and learned Addl.P.P. for the State. Perused the reply.

By impugned order dated 3/7.8.2015 furlough has been declined on the ground that the petitioner has reported late earlier.

After hearing respective learned counsel, we find that the petitioner is confined in open prison and though he is late in reporting, on every occasion, he has surrendered voluntarily and was never required to be arrested.

The arguments show that his relatives are also ready and willing to receive him.

.....2/-

wp813.15 In this situation, the impugned order is quashed and set aside. After obtaining necessary undertakings, surety and bonds, the petitioner shall be released on furlough.

The charges of learned counsel appointed for the petitioner are fixed at Rs.1,500/-.

JUDGE JUDGE !! BRW !!

...../-