Nikhil S/O Omprakash Khirekar v. The State Of Maharashtra Thr. Dig Prison East , Nagpur

2024:BHC-NAG:12778-DB 21-Cri-WP-765-24.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.765 OF 2024 Nkhil S/o Omprakash Khirekar (presently at Central Prison Nagpur), Dist. Nagpur -vsThe State of Maharashtra, Thr. D.I.G. Prison (East), Nagpur and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri A. Y. Sharma, Advocate for petitioner.

Smt N. R. Tripathi, Additional Public Prosecutor for respondent Nos.1 and 2. CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : November 25, 2024 P. C.

1.

In view of adverse report, the prayer of the petitioner for furlough is rejected vide impugned order dated 06/08/2024. 2.

The fact remains that but for police report, the petitioner is entitled for grant of furlough.

3.

The counsel for the petitioner undertakes that the petitioner in view of objection of the police authority, shall not enter Taluka Goregaon, District Gondia so as to avoid confrontation with the family members of the victim and the witnesses.

4.

In view of aforesaid statement which is recorded as an undertaking, we quash and set aside the impugned order and direct the respondentAuthority to release the petitioner on furlough upon imposing such terms and conditions as the Competent Authority may deem fit. 5.

We further direct the petitioner before his release to furnish his contact number and address where he shall be available to the Competent Authority.

6.

The writ petition stands allowed in above terms. (Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Asmita-PS