Partly allowed

Sayyed Amin Sayyed Nabi (in Jail) v. the D.I.G. Prisons (E) (R), Nagpur and Another

Bombay HC16 Nov 2016WP/64/2016

Case brief

AI extract

What is this about?

The High Court granted the petitioner liberty to submit an alternate address within four weeks for furlough release consideration. The court fixed a timeline for respondents to decide on release with specific conditions, including police appearance intervals, and disposed of the petition partly.

What did the court decide?

Liberty granted to petitioner to submit alternate address within four weeks; authorities to consider furlough release with conditions including police appearance within six weeks.

Sayyed Amin Sayyed Nabi (in Jail) Vs the D.I.G… — Service and Employment | Bombay HC (2016)

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cwp.64.16 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Writ Petition No.64 of 2016

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(Sayyed Amin Sayyed Nabi

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vs.

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The D.I.G. Prison (E)(R), Nagpur and another)

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Office notes, Office Memoranda of

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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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Shri H.G. Katekar, Advocate (appointed) for the Petitioner. Mrs. Mayuri Deshmukh, A.P.P. for the Respondents.

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CORAM : B.P. DHARMADHIKARI AND S.B. SHUKRE, JJ. DATE : 16th NOVEMBER, 2016.

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Heard the learned Counsel for the petitioner and

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the learned A.P.P. for the State.

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Furlough has been declined on apprehension that the petitioner-prisoner after released may pressurize or act against the witnesses.

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It is not in dispute that after earlier hearing, the petitioner was asked to furnish alternate address, where he would stay during his furlough leave i.e. at the place out of Amravati District.

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The learned Counsel for the petitioner submits that though relatives of the petitioner have contacted him, the alternate address has not made available to him.

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cwp.64.16 2

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In this situation, we grant liberty to the petitioner to submit such address within a period of four weeks from today. If such address is received by the respondents, the respondents shall consider the release of the petitioner on furlough with appropriate conditions including that of his appearance before the police at that place at regular intervals. Such a decision shall be taken by the respondents within six weeks from receipt of the alternate address.

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Accordingly, the writ petition is partly allowed and disposed of.

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Charges for the learned Counsel appointed for the petitioner are fixed at Rs.1,500/- (Rupees One Thousand Five Hundred Only).

JUDGE JUDGE

**_sdw_*

cwp.64.16 3

C E R T I F I C A T E

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I certify that this order uploaded is a true and correct

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copy of the original signed order.

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Uploaded by: S.D. Waghmare P.A. to the Hon'ble Judge.

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Uploaded on : 16/11/2016

Sayyed Amin Sayyed Nabi (in Jail) v. the D.I.G. Prisons (E) (R), Nagpur and Another

Case brief

What is this about?

What did the court decide?

Sayyed Amin Sayyed Nabi (in Jail) v. the D.I.G. Prisons (E) (R), Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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