This petition from jail challenged the forfeiture of the petitioner's furlough leave security deposit due to a one-day overstay. The court rejected the plea, ruling that the security deposit must be forfeited as per the Rules, and the petition was dismissed.
Request for return of security deposit dismissed; petition rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ndm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2511 OF 2010
Balasaheb Vishwanath Kandekar. ... Applicants Vs. The State of Maharashtra and anr. ... Respondents
None for the Applicant.
Ms. S.V.Gajare, APP for the State.
CORAM : A.M. KHANWILKAR and U.D. SALVI, JJ. DATE : 02nd September, 2010.
P.C.
1 This petition is through jail. This is yet another petition where
same plea has been taken. After being released on furlough leave immediately thereafter, the Petitioner applied for extension of time on the ground that his wife was sick. This appears to be the consistent pattern followed by the prisoners, knowing that the application for extension of time will have to be processed as per rules and final decision thereon cannot be taken within 14 days of furlough leave period. Taking advantage of that the convict overstays the furlough leave and reports after the expiry of leave period. We have already rejected such plea in earlier case decided yesterday being Criminal Writ Petition No. 2508 of
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2 Court expresses word of gratitude for the able assistance given by the advocate appointed to espouse the cause of the Petitioner.
3 Copy of this order be forwarded to the Petitioner who is in jail, forthwith.
2 issues framed by the court
Whether the State is obliged to return furlough leave security deposit when the prisoner overstays by one day.
Whether this writ petition challenging the forfeiture of security deposit should be allowed.
1 provisions across 1 enactments
Balasaheb Vishwanath Kandekar
State of Maharashtra
A.M. KHANWILKAR
U.D. SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
