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Bombay High CourtWP/926/2015partly allowed

Sayed Abrar Sayed Rauf (In Jail) v. D.I.G. Prisons (East), Nagpur And Another

2016-02-01Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

0102cwp926.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 926 OF 2015 (Sayed Abrar Sayed Rauf vs. D.I.G. Prisons (E), 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 Shri Badar, learned counsel for the petitioner and Shri Ghurde, learned APP for the respondents.

Perused the reply affidavit.

The petitioner is being released for the first time on furlough leave. In this situation, the objection raised by the respondents that his surety is not in a position to control him or then if he is released, there may be breach of peace and tranquility in the society, cannot be accepted.

We, however, direct the petitioner to submit an additional surety so that the respondents can rest assured about any untoward situation. Subject to his furnishing additional surety in addition to the existing surety and on furnishing an undertaking by the petitioner as also by both the sureties, the petitioner shall be released on furlough leave within a period of four weeks from today.

During the period of his leave, the petitioner shall report at local police station after every three

0102cwp926.15 days.

Criminal Writ Petition is accordingly partly allowed and disposed of. No costs.

JUDGE JUDGE *GS.