Allowed

Jagannath Raghunath Shelke v. the State of Maharashtra and Ors.

Bombay HC24 Jul 2008WP/991/2008

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a prisoner seeking furlough leave. The court held that the petitioner's conduct after a new parole in 2007, wherein he surrendered within time, should not be taken into consideration regarding his earlier overstay.

What did the court decide?

Petitioner released on furlough leave for a period of two weeks, subject to jail authorities' conditions.

Jagannath Raghunath Shelke Vs the State of… — Pension and Retirement Benefits | Bombay HC (2008)

¶1

VPH

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

CRIMINAL APPELLATE JURISDICTION

¶4

WRIT PETITION No.991 OF 2008

¶5

Jagannath Raghunath Shelke Petitioner

¶6

Vs.

¶7

The State of Maharashtra & Ors. Respondent

¶8

Mr. Aslam Shaikh, for the petitioner.

¶9

Mr. A. S. Gadkari, APP for the respondents.

¶10

CORAM : BILAL NAZKI, & A. A. KUMBHKONI, JJ.

¶11

DATE : JULY 24, 2008.

¶12

PC :-

¶13

1. Hear	d the	learned co	unsel for the parties.	The
petitioner is	under	going	life imprison	ment. In the	year
1997 he was rel	eased	on	parole. Bu	t he had overstayed	by
595 days.	He	justified	his overstay	on the ground	that
somebody was	ill	in the	family. N	ow, he has filed	an
application for	gran	t of	furlough lea	ve, which has	been
rejected, on the	gr	ound	of his overst	ay of 595 days,	in
the year 1997.	B	ut th	e petitioner	points out that it	was
true that he	over	stayed	595 days in	the year 1997	but
lateron again he	was	gran	ted parole,	in the year 2007	for
a period of	90	days	and he had	surrendered within	time
and as such,	this	cond	uct of petiti	oner in the year	2007
should not be	taken	into	consideration.	We feel that	for

¶14

¶15

these	reaso	ns	this	application	filed	on 1-12-	2007	should
have	been	allow	ed.	We	therefore,	allow	this	Writ
Petition	and	set	asi	de the	order	impugned	in	this
petition	and		direct	that the	petitioner	be rele	ased	on

¶16

furlough leave for a period of two weeks, with conditions

¶17

that may be imposed by the jail authorities.

¶18

Sd/[ BILAL NAZKI, J.]

¶19

Sd/[ A. A. KUMBHAKONI, J.]

Jagannath Raghunath Shelke v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Jagannath Raghunath Shelke v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pralhad Krushnat Patil Vs the State of Maharashtra

Rajesh Nana Patil Vs the State of Maharashtra

Pralhad Krushnat Patil Vs the State of Maharashtra

Mohd. Amin Qureshi Vs the State of Maharashtra and Ors.

Ashok Bhaguji Zombade Vs the State of Maharashtra

Suresh Ganpati Mane Vs the State of Maharashtra