Bombay High CourtWP/855/2016rejected

Sakhawat Hussain Abdul Sattar (In Jail) v. Divisional Commissioner Amravati Division Amravati And Another

2016-12-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO.855 OF 2016 Sakhawat Hussain Abdul Sattar ..vs..

Divisional Commissioner, Amravati Division, Amravati ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.D. Chande, counsel for the petitioner. Mrs. Ketki Joshi, Addll.P.P. for the respondents/State.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : DECEMBER 7, 2016.

Heard learned counsel Shri S.D. Chande for the petitioner and learned Additional Public Prosecutor Mrs. Ketki Joshi for the respondents/State.

The petitioner has reported late by 4128 days that is 1185 days while on furlough leave and 2943 days while on parole leave.

It appears that prior to these two occasions, his name was already permanently removed from the remission register. Because of this late surrender, by order, Outward No.15/2014 dated 1.1.2013, canteen facility was discontinued for a period of one month. Now parole leave is sought on the basis of illness of his wife.

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Illness complained of is "Acute Abdomen Pain". The Authorities, in impugned order, have found ailment not serious.

In this situation, as the name of the petitioner is permanently removed from the register and considering the period for which he was absconding, we do not see any jurisdictional error in the impugned order.

The criminal writ petition is rejected. There shall be no orders as to costs.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on :- 8/12/2016 (Personal Assistant) ...../-