The High Court accepted the petitioner's humanitarian plea regarding a furlough rejection caused by his absence from the police station. The court extended the furlough period and ordered the return of forfeited deposits.
Furlough period extended; imprisonment for overstay set aside; forfeited deposit 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.442.2017.doc
1/3
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.442 OF 2017 (THROUGH JAIL)
Shivaji Kisan Gadugale Age – 52 years, Presently lodged at – C/626, Yerwada Open District Prison, Class – I, Pune – 411 006. ...Petitioner
Versus
Mr. Prosper D'Souza, Advocate appointed for the Petitioner.
Ms.G.P.Mulekar, A.P.P for the Respondent-State
CORAM : SMT.V.K.TAHILRAMANI & REVATI MOHITE DERE, JJ.
DATE : 15th FEBRUARY, 2017
ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :
8-wp.442.2017.doc
2/3
furlough, which came to be granted. Pursuant to the said order granting furlough, the petitioner was released on furlough on 7th February, 2015, for a period of 14 days i.e. from 7th February, 2015 to 20th February, 2015. Thereafter, on 11th February, 2015, the petitioner preferred an application for extension of furlough for a further period of 14 days i.e. from 21st February, 2015 to 6th March, 2015. The said application came to be rejected by order dated 26th April, 2016, hence this petition.
8-wp.442.2017.doc
3/3
shows that the reason stated by the petitioner was found to be true. The conduct of the petitioner in prison is good. The petitioner was not communicated the rejection order before 6th March, 2015, otherwise he may have surrendered. The petitioner must have thought that extension would be granted, hence, as soon as the extended period of 14 days was over, he reported back to prison.
(REVATI MOHITE DERE, J.) (V.K.TAHILRAMANI, J.)
1 issue framed by the court
Whether the period of furlough rejected due to non-attendance at police station should be extended on humanitarian grounds.
Shivaji Kisan Gadugale
The State of Maharashtra
The Deputy Inspector General (Prisons), Western Region
V.K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
