Rambharose Pannalal Malviya (In Jail) v. Deputy Inspector General, East Division, Nagpur And Another

0102cwp851.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 851 OF 2015 (Rambharose Pannalal Malviya vs. Deputy Inspector General, East Division, 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.

FEBRUARY 01, 2016.

Heard Mrs. Nisha Gajbhiye, learned counsel (appointed) for the petitioner and Shri Maldhure, learned APP for the respondents.

The petitioner has reported back late by 117 days in 2008 and in 2009 when he was released, he was required to be arrested and brought back after 1055 days. Thus, he has been brought back almost after three years.

In this situation, the contention is, release of the petitioner on furlough leave has been rejected on irrelevant grounds.

Additional affidavit filed by the State Government shows that the prison punishment for late reporting has been proposed and the papers are pending with the District and Sessions Judge, Nagpur. In this situation, without observing anything on merits, we direct the respondents and the office of District & Sessions Judge, Nagpur, to expedite the process of consideration and to complete it within a period of eight weeks from today.

With liberty to the petitioner to renew his

0102cwp851.15 request thereafter in accordance with law, we dispose of the present criminal writ petition.

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

JUDGE JUDGE *GS.