Dismissed

Devidas @ Aaba Laxman Savale-Patil v. the State of Maharashtra

Bombay HC15 Dec 2015WP/1246/2015

Case brief

AI extract

What is this about?

Petitioner sought writ relief for denial of furlough leave. Court found leave had already been granted and extended, noting statutory limit of one release per year for senior convicts, noting the petitioner has already availed it this year.

What did the court decide?

The writ petition was allowed in prayer but dismissed on merits noting the petitioner had already availed his one furlough for the year.

Devidas @ Aaba Laxman Savale-Patil Vs the… — Pension and Retirement Benefits | Bombay HC (2015)

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5 WP 1246 OF 2015.doc

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINL APPELLATE JURISDICTION

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WRIT PETITION NO.1246 OF 2015

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Devidas @ Aba Laxman Savale-Patil

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… Petitioner.

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V/s.

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The State of Maharashtra

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…. Respondent

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Mr. A. G. Traskar, appointed advocate for the petitioner. Mr. H. J. Dedia, APP for the Respondent-State.

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CORAM : SMT. V.K. TAHILRAMANI ACTING CJ &

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DR. SHALINI PHANSALKAR-JOSHI, J.

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DATE : 15th DECEMBER, 2015.

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P.C. :

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Heard both sides.

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Rule.

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Rule is made returnable forthwith.

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The petitioner had applied for furlough leave on 24.1.2015.

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The grievance of the petitioner is that he was not granted furlough leave. Hence this petition.

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Affidavit filed by Shri. Ramesh Kamble, Superintendent

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Nashik Road Central Pirson, Nashik, shows that the petition was granted

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furlough leave for a period of 14 days on 1.7.2015 and he was to

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5 WP 1246 OF 2015.doc

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surrender on 16.7.2015. The petitioner, then preferred an application

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dated 6.7.2015 for extension of furlough leave for further period of 14

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days and the same was granted. Thus, the petitioner was to surrender on 30.7.2015 and the petitioner has accordingly surrendered before the jail authorities on 30^th July, 2015.

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As per relevant rules relating to parole and furlough under

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State Prison Manual, a convict can be released on furlough just once in a

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year if the convict has completed 7 years of actual imprisonment and the

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convict can be released on furlough, once in two years if he has not completed 7 years of actual imprisonment. The petitioner is in custody

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since year 2004, in which case the petitioner can be released on furlough

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once in a year. The petitioner has already been released on furlough in

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this year, hence it is not possible to release the petitioner again on

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furlough.

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In this view of the matter rule is discharged.

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The fees be paid to the appointed advocate as per rules.

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[ACTING CHIEF JUSTICE.]

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[DR. SHALINI PHANSALKAR-JOSHI, J.]

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5 WP 1246 OF 2015.doc

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C E R T I F I C A T E

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Certified to be true and correct copy of the original signed order.

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Devidas @ Aaba Laxman Savale-Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Devidas @ Aaba Laxman Savale-Patil v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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