Pandhari Natthuji Khandel (In Jail) v. Deputy Inspector General (Prisons) Nagpur Division Nagpur And Another

WP895-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Writ Petition No.895/2016 (Pandhari Natthuji Khandal .vs. D.I.G. (Prison), Nagpur Division, Nagpur and another) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders None for the petitioner.

Mr. J.Y. Ghurde, APP for Respondent.

CORAM : B.R. Gavai & Kum. Indira Jain, JJ.

DATED : February 14, 2017.

The petitioner has approached this Court being aggrieved by the rejection of his application for grant of furlough.

2.

The application is rejected only on the ground that the petitioner has surrendered belatedly when he was earlier released on parole/furlough. However, it is to be noted that the petitioner has surrendered himself and was not required to be arrested. Insofar as surrendering belatedly is concerned, the petitioner must have already been penalized for the late surrender.

3.

In that view of the petitioner, we are inclined to allow the writ petition. The petitioner is directed to be released on furlough for a period of four weeks after following the procedure prescribed in law.

JUDGE JUDGE halwai