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Bombay High CourtWP/857/2015others disposed off

Gautam Parasram Ramteke (In Jail) v. The D.I.G. Prison (E) (R), Nagpur And Another

2016-02-15Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

1502cwp857.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 857 OF 2015 (Gautam Parasram Ramteke vs. The D.I.G. Prison (E)(R), Nagpur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

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

FEBRUARY 15, 2016.

Ms. S.H. Bhatia, learned counsel (appointed) for the petitioner and Mrs. N.R. Tripathi, learned APP for the respondents.

In furtherance to orders dated 22.01.2016, the learned APP states that the proposed surety has strong objection to release of the petitioner on furlough leave. The learned APP adds that at present there is no relative to receive the petitioner after he is granted furlough leave.

According to Ms. Bhatia, learned counsel for the petitioner, the need of relative to receive the petitioner on furlough leave is not required to be gone into. She further points out that the Prison is Open Prison.

However, in the present facts, when there is no surety and also there is no relative and need, we are not inclined to examine that aspect.

Keeping right of the petitioner to claim furlough, if there is any change in the circumstances and also contention of the learned counsel for the petitioner open,

1502cwp857.15 we dispose of the present writ petition.

The charges of the counsel appointed for the petitioner are fixed at Rs.1,500/- (Rs. One thousand and five hundred only).

JUDGE JUDGE *GS.