This oral order grants the petitioner's prayer to extend his furlough by seven days and sets aside any punishment imposed for the overstay, directing the return of the forfeited surety deposit.
Petitioner granted extension of furlough by 7 days; punishment for overstay set aside; surety deposit returned.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1024 OF 2016
Ajay @ Chiku Banshbahadur Singh ...Petitioner Versus
The State of Maharashtra ...Respondent
Mr. Yashpal Thakur, Advocate appointed for the Petitioner. Mr. H.J. Dedia, A.P.P. for the Respondent -State.
CORAM: SMT. V.K. TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ
DATED: 29th March, 2016
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.]:
Heard both sides. Rule. By consent Rule is made returnable forthwith.
for 21 days because the Petitioner was to spend his furlough out of
the State and at that time the rules stated that if the prisoner is going out of the State for furlough, then he can be released on furlough for 21 days instead of usual 14 days. After the Petitioner was released on furlough he preferred an application for extension of furlough for 14 days as his mother was unwell. At that time the
Megha
1/3
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prisoner who was to spend furlough period out of the State, was allowed extension for a period of 14 days. However, the Petitioner was only granted extension of 7 days. The Petitioner surrendered on 16.10.2015 i.e. 7 days late as he was granted extension of furlough of 7 days instead of 14 days. The Petitioner is now seeking that his furlough period be extended by 7 days.
Megha
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only 7 days' extension was granted. Looking to the facts and circumstances of this case in our opinion extension of furlough ought to have been granted for 14 days.
(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.)
Megha
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2 issues framed by the court
Whether the petitioner's furlough extension should be extended by seven days and any punishment for overstay set aside.
Whether the forfeited surety deposit should be returned.
Ajay @ Chiku Banshbahadur Singh
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhudesai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court