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Bombay High CourtWPCR/16/2018disposed of

Kaushal Kumar, Presently At Central Jail Colvale., v. State Of Goa, Thr. The Ig Prison, Panaji And ANR.,

2018-01-19Hon'Ble Shri Justice Shantanu S. Kemkar,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 16 OF 2018 KAUSHAL KUMAR, PRESENTLY AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

STATE OF GOA, THR. THE IG PRISON, PANAJI AND ANR., ... Respondents Mr. T. George John and Ms. Aarati Ashok Pawar, Advocates for the petitioner.

Mr. S. R. Rivankar, Public Prosecutor for the the respondents. Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 19th January 2018 P.C.

Parties through their counsel.

2. Challenging the order dated 12.01.2018 passed by the Inspector General of Prisons, Panaji Goa, whereby the application of the petitioner to release him on furlough has been rejected, the petitioner has filed this Writ Petition.

3. We have been shown the police report by the learned Public Prosecutor received from the office of Senior S.P. Lucknow. Having considered the same and having heard the learned counsel for the parties, in our considered view the

WPCR/16/2018 petitioner's application deserves to be reconsidered in the correct perspective.

4. In the circumstances, we set aside the impugned order and remand the matter back for re-examination and taking a fresh decision in regard to the application of the petitioner for furlough by the Inspector General of Prisons. The Inspector General of Prisons is directed to decide the petitioner's application afresh within a period of three weeks.

5. With the aforesaid directions, the petition is disposed of. NUTAN D. SARDESSAI, J.

SHANTANU S. KEMKAR, J.

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