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Bombay High CourtWPCR/143/2019disposed of

Suresh Mane, Presently Lodged At Central Jail, Colvale., v. The State Of Goa, Thr. Under Secretary Home Dept. And 2 ORS.,

2019-06-18Hon'Ble Shri Justice S. C. Gupte,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

1 WPCR No.143/2019 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 143 OF 2019 Mr. Suresh Mane ...

Petitioner

Versus

The State of Goa and 2 Ors.

...

Respondents Ms. Veena Ghode, Advocate for the Petitioner. Mr. S.R. Rivankar, Public Prosecutor for the Respondents. Coram : S.C. Gupte, & Prithviraj K. Chavan, JJ.

Date : 18th June, 2019.

P.C. :

This petition seeks a Writ of Mandamus for grant of furlough for a period of 28 days. The Petitioner has filed an affidavit of a priest, who has offered to receive the Petitioner during his release, and take responsibility for his adequate care, and ensure his surrender in time to the prison authorities. This affidavit was not before the prison authorities when the Petitioner's application for furlough was rejected by them.

2.

Learned Public Prosecutor for the Respondents states that the authorities shall consider the Petitioner's application afresh in the light of the affidavit of Fr. Maverick Fernandes dated 17.06.2019

2 WPCR No.143/2019 3.

The petition is, accordingly, disposed of by quashing and setting aside the impugned Order dated 06.06.2019, and directing the Respondents to consider the Petitioner's application for furlough afresh, in accordance with law, and in the light of the affidavit of Fr. Maverick Fernandes dated 17.06.2019, produced as Annexure-C to the petition.

The application shall be disposed of expeditiously. Prithviraj K. Chavan, J.

S.C. Gupte, J.

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