The High Court quashed the prison's imposition of punishment and forfeiture of security deposit for the petitioner's one-day overstay following furlough, accepting the accident during return journey as reasonable excuse.
Punishment for overstay set aside; security deposit forfeited ordered to be returned.
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.
8 wp 2336-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2336 OF 2014
Manik Anant Patil ..Petitioner
v/s.
The State of Maharashtra . ..Respondents
Mr. N.N.Gawankar i/b. Mr. Manas Gawankar for the Petitioner. Mrs. A.S.Pai, APP for the Respondent/State.
CORAM : SMT. V.K.TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ. DATED : APRIL 11, 2016.
P.C.
restricting his prayers only to cutting of remission of five days for one day of overstay, and to forfeiture of security deposit of Rs.10,000/- on account of that one day of overstay.
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on 28.09.2013. However, according to the respondents the petitioner
surrendered on 29.09.2013, and as it was the third time that the petitioner had overstayed when he was granted furlough, remission of five days was cut for that one day of overstay, in addition the security deposit of Rs.10,000/- was forfeited.
the petitioner to not report back to the prison in time on 28.9.2013.
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petitioner had met with an accident on 28.9.2013 and hence the petitioner was late in reporting back to the prison by 1 day. In this view of the matter humanitarian approach needs to be taken.
(ANUJA PRABHUDESSAI, J.) (SMT. V.K.TAHILRAMANI, J.)
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3 issues framed by the court
Whether the petitioner deserves remission of punishment and return of security deposit due to one-day overstay caused by a vehicular accident while returning from furlough.
Whether there is a reasonable excuse for the petitioner's delayed surrender to prison after furlough.
Whether the prison authority's action of cutting remission and forfeiting security deposit is maintainable in light of the accident.
Manik Anant Patil
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhu-dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
