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Bombay High CourtWPCR/102/2019allowed

Nandu B. Lamani, Presently Serving Sentence At Central Jail Colvale., v. The Inspector General Of Prisons, Panaji And ANR.,

2019-04-22Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 102 OF 2019 NANDU B. LAMANI, PRESENTLY SERVING SENTENCE AT CENTRAL JAIL COLVALE., ... Petitioner

Versus

THE INSPECTOR GENERAL OF PRISONS, PANAJI AND ANR., ... Respondents Mr. T. George John, Advocate for the Petitioner. Mr. Pravin N. Faldessai, Additional Government Advocate for the Respondent Nos. 1 and 2.

Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 22nd April 2019 P.C.:

A perusal of the Order dated 20.03.2019 passed by the Respondent No.1 indicates that the Respondent No.1 has rejected the application for furlough once again on the ground, which ground was not accepted by this Court vide Order dated 25.02.2019 passed in Criminal Writ Petition No. 25 of 2019 which was filed by the Petitioner.

2. The record further indicates that the Petitioner was granted furlough on last two occasions. The family members of the Petitioner are ready and willing to furnish surety. The impugned Order dated 20.03.2019 is accordingly quashed and set aside.

WPCR/102/2019

3. The Respondent No.1 to consider the application for furlough based on the surety proposed to be furnished by the family members of the Petitioner and other requirements in law, if any. The Order shall be passed expeditiously.

4. The Writ Petition is allowed on the aforesaid terms. There shall be no orders as to costs. Parties to act on the authenticated copy of this order.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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