Allowed

Gotya @ Savala Chima Fulaware v. the State of Maharashtra

Bombay HC18 Feb 2005WP/2306/2004

Case brief

AI extract

What is this about?

Single judge Writ Petition allowed. Apprehension that petitioner would not return after furlough leave found unfounded given previous successful return. Furlough leave rejected; order set aside. Respondents directed to grant furlough leave within two weeks.

What did the court decide?

Application for furlough leave set aside; respondents directed to grant leave within two weeks.

Gotya @ Savala Chima Fulaware Vs the State of… — Writ and Judicial Review | Bombay HC (2005)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE

¶2

 CRI. WRIT PETITION NO. 2306 OF 2004

¶3

-----------------------------------------------------------------------------
Office Notes, Office Memoranda of :
of Coram, appearances, Court’s orders : Court’s or Judge’s orders
and Registrar’s orders. :

¶4

 Mrs. Sonia Miskin, advocate appointed
 for the petitioner.

¶5

 Mr. D.S. Mhaispurkar, A.P.P. for the
 respondents.
CORAM: R.M.S. KHANDEPARKAR &
 P.V. KAKADE, JJ.
DATED: 18TH FEBRUARY, 2005
P.C.:
 1. Heard. Perused the record. The
 application for furlough leave has been
 rejected on the ground that if he is
 released on furlough leave he may not
 return back to the jail. Undisputedly,
 earlier, the petitioner was released on
 furlough leave and he had returned back
 in time. Being so, the apprehension
 expressed by the respondents that
 petitioner may not return to the jail
 after the furlough leave is over is
 totally unfounded and without any
 basis. The application if rejected on
 the said ground cannot be sustained and
 is set aside. The respondents are
 directed to grant furlough leave in
 relation to the application filed by

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 the petitioner and to take appropriate
 steps to release the petitioner on
 furlough leave within two weeks from
 today. Needless to say that the
 respondents shall ensure other
 formalities in accordance with the

¶7

 provisions of law while releasing the
 petitioner on furlough leave. With
 these directions, the petition stands
 disposed of.

¶8

 (R.M.S. Khandeparkar, J.)

¶9

 ( P.V. Kakade, J. )

Gotya @ Savala Chima Fulaware v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gotya @ Savala Chima Fulaware v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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