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Bombay High CourtWPCR/6/2020disposed of

Jovita R. Dos Remedios Pinto, Presenlty Lodged At Modern Central Jail At Colvale., v. State Of Goa, Thr. The Chief Secretary, Govt. Of Goa And 2 ORS.,

2020-01-21Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 6 OF 2020 JOVITA R. DOS REMEDIOS PINTO, PRESENLTY LODGED AT MODERN CENTRAL JAIL AT COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND 2 ORS., ... Respondents Ms. Maria Caroline Collasso, Advocate for the Petitioner. Shri G. Nagveker, Addl. Public Prosecutor for the Respondent. Coram:- NUTAN D. SARDESSAI, J.

Date:- 21st January, 2020 P.C.:

Heard Ms. C. Colaco, learned Advocate and Shri G. Nagvekar, Addl. Public Prosecutor.

2. It is the contention of Ms. C. Colaco, learned Advocate that the furlough application of the petitioner has been rejected only on the premise that he has exhausted the 28 days period of furlough in the preceding calendar year, 2019 and he can apply for furlough in the year 2020 as per his eligibility as per the order dated 16.12.2019. It was her contention that the petitioner had availed furlough from 08.05.2019 to 04.06.2019 and in view thereof, it is more than six months since he had availed the

WPCR/6/2020 furlough. Hence i find that the restriction which would apply under section 317 of the Goa Prison Rules would not lie in the facts of the present case.

3. The Inspector General of Prisons to grant his furlough application for 28 days with effect from 25th instant.

4. In this premise, the petition stands disposed off. NUTAN D. SARDESSAI, J.

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