This short order rejects a Criminal Writ Petition filed by a petitioner who failed to appear on three occasions after release on parole/furlough. The bench directed rejection based on precedent. Costs were also quantified.
The petition is rejected and costs of petitioner's counsel are quantified at Rs.1500/-.
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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WP696-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.696 of 2015
(Gautam Jagdeo Palaspagar .vs. the D.I.G. Prison (E) (R ), Nagpur and another. )
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Ms. Radha Mishra, Advocate appointed for petitioner. Mr. S.M. Ghodeswar, APP for Respondents.
CORAM : B.R. Gavai & Prasanna B. Varale, JJ. DATED : October 13, 2015.
The petitioner was required to be arrested on three occasions when he was released on parole/furlough.
In view of the judgments of the two Division Benches of this Court in the case of Murlidhar Ramchandra Bhalerao .vs. State of Maharashtra and another reported in 2011 ALL MR (Cri) 2132 and Ramchandra Raghu Naik .vs. State of Maharashtra reported in 2005 All MR (Cri) 1919 , the petition deserves to be rejected.
The petition is, therefore, rejected.
The fees of the learned counsel appointed for the petitioner are quantified at Rs.1500/-.
JUDGE JUDGE
halwai
2 issues framed by the court
Whether the petitioner deserves relief in a petition arising from failure to appear upon release on parole/furlough.
Whether the petition deserves rejection in view of judgments of Division Benches of this Court.
Gautam Jagdeo Palaspagar
D.I.G. Prison (E) (R ), Nagpur
B.R. Gavai
Prasanna B. Varale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
