The High Court extended the petitioner's furlough by 14 days on humanitarian grounds due to valid medical reasons and satisfactory conduct, setting aside any imprisonment for overstay and ordering return of forfeited security.
Furlough extended by 14 days; imprisonment for overstay set aside; security deposit to be returned.
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WP.193/2017(14)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 193 OF 2017
Digambar Rangrao Girigosavi Vs.
The State of Maharashtra & Ors.
...Petitioner/Accused
...Respondent
Ms. Rohini Dandekar, Advocate appointed for the Petitioner Mrs. G.P. Mulekar, A. P. P for the State
CORAM : SMT. V.K. TAHILRAMANI AND M.S. KARNIK, JJ. DATED :1ST FEBRUARY, 2017
P.C. :
Heard both sides.
November, 2014. The said application was granted. Pursuant thereto
the Petitioner was released on furlough on 12th August, 2015 for a period of 14 days. Thereafter the Petitioner preferred an application
for extension of furlough for a further period of 14 days. The said
application came to be rejected by order dated 19th September, 2016.
Hence, this Petition.
WP.193/2017(14)
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ground of his own illness. The order of rejection shows that the reasons given by the Petitioner for seeking extension of furlough is found to be true. It further states that during the period when the Petitioner was on furlough no untoward incident has been reported. The police report also stated that it was recommended that the furlough period be extended.
his own medical ground was found to be true and the fact that the conduct of the Petitioner in prison has been stated to be satisfactory. On humanitarian ground we are inclined to extend the period of furlough. Accordingly the period of furlough is extended by further period of 14 days.
set aside. Security deposit, if forfeited, be returned back to the Petitioner.
WP.193/2017(14)
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2 issues framed by the court
Whether the period of furlough granted to the petitioner should be extended given the true medical grounds and satisfactory conduct of the petitioner.
Whether imprisonment for overstay of furlough imposed should be set aside.
Digambar Rangrao Girigosavi
The State of Maharashtra
V.K. Tahilramani
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
