Sunil Nilbaji Burde (In Jail) v. Deputy Inspectro General (Prisons) East, Nagpur And Another

2701wp843.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CRIMINAL WRIT PETITION (wp) No. 843 OF 2015 Sunil Nilbaji Burde v.

The D.I.G. Prisons (E), Nagpur & anr.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Courts's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Coram : B.P .Dharmadhikari and V.M.Deshpande, JJ.

Date : 27 th JANUARY, 2016 Heard Ms. Choubey, learned appointed counsel for the petitioner and learned APP for the State. Perused the reply. Furlough leave has been refused on the ground that the petitioner did not report back on due dates on the previous occasions.

After hearing respective counsel, we find that though the petitioner did not report back on due dates between 2005 to 2013, on the last two occasions, i.e. on 8.7.2014 and 16.10.2014 he has reported back on due dates. In this situation, the respondents themselves have condoned the earlier lapses and extended benefit of furlough leave. We, therefore, find the impugned order unsustainable in law and quash the impugned order. We direct the respondents to release the petitioner on

2701wp843.15 furlough leave after obtaining necessary undertaking and bonds.

Professional charges for the learned counsel appointed to represent the petitioner are quantified at Rs.1500/-.

JUDGE JUDGE /TA/