Subhash Tukaram Gaikwad (In Jail) v. The D.I.G. Prisons (E) (R), Nagpur And Another

wp898.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.898 OF 2015 Subhash Gaikwad ..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 M.D. Tembhurne, counsel for the petitioner (appointed). Mrs. N.R. Tripathi, 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.

We find that though the petitioner has reported late almost on six occasions, the same is not after expiry of long period after due date. The police report states that on his last release on parole, the petitioner has used wrong words against the witness in the matter. The said witness has not reported the incident, if any, immediately and it is coming on record almost two years after the alleged incident. The witness also does not point out that he was threatened in any manner.

In this situation, we find the impugned order .....2/-

wp898.15 dated 1.9.2015 unsustainable. It is quashed and set aside. The respondents are directed to release the petitioner on furlough after obtaining appropriate undertakings, bonds and sureties.

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

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