In this criminal writ petition, the High Court extended the petitioner's furlough by 14 days. The extension was granted at the petitioner's own surrender after the initial period expired, considering the wife's medical needs, despite the initial rejection due to lack of surety.
Furlough extended by a period of 14 days.
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.
5. cri wp 2580-16.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2580 OF 2016
Namdev Laxman Bhakare
.. Petitioner
Versus
The State of Maharashtra & Ors.
.. Respondents
Appearances
| Ms. Rohini Dandekar | Advocate (appointed) for the Petitioner |
|---|---|
| Mr. H.J. Dedia | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ. DATE : AUGUST 22, 2016.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
12.3.2015. The said application came to be granted by order
dated 17.6.2015. The petitioner was released on furlough
from 8.7.2015 to to 21.7.2015. On 13.7.2015, the petitioner
jfoanz vkacsjdj 1 of 3
5. cri wp 2580-16.doc
preferred an application for extension of furlough. The said application was made in time. The said application was preferred on the ground that the wife of the petitioner was suffering from medical problem. Certificate dated 11.7.2015
shows that the wife of the petitioner was suffering from Dysfunctional Uterine Bleeding, hence, she was advised to go to Gynecologist for opinion. The genuineness of the certificate is not doubted by the prosecution, however, the application for extension of furlough came to be rejected on 15.12.2015 on the ground that the surety is not willing to stand as surety for the extended period of furlough of 14 days.
was over after 21.7.2015, the petitioner himself surrendered back to the prison on his own. It is uncontroverted that the wife of the petitioner was having some medical problem and
looking to the fact that the petitioner himself surrendered back to the prison after 14 days were over, from 21.7.2015,
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5. cri wp 2580-16.doc
we are inclined to extend the furlough by a period of 14
days.
petitioner who is in Yerwada Central Prison, Pune.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
jfoanz vkacsjdj 3 of 3
1 issue framed by the court
Whether to extend the petitioner's furlough period given the insufficiency of surety and the wife's medical illness.
Namdev Laxman Bhakare
The State of Maharashtra
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
