Court granted extension of furlough for 14 days to petitioner facing prison punishment for overstaying due to mother's illness, setting aside punishment and ordering return of forfeited deposit.
Furlough extended for 14 days from 3rd May to 16th May, 2015. Prison punishment for overstay set aside. Security 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.
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nsc. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 446 OF 2017
Kishor Shamji Maheria Age – 42 years, Presently lodged At-C/566, Yerwada Open District Prison, Class – I, Pune – 411 006. ...Petitioner
Versus
Ms. Rohini M. Dandekar, Advocate appointed for the Petitioner.
Ms.G.P.Mulekar, A.P.P for the Respondents-State
CORAM : SMT.V.K.TAHILRAMANI & REVATI MOHITE DERE, JJ.
DATE : 23rd FEBRUARY, 2017
ORAL JUDGMENT (Per Smt. V. K. Tahilramani, J.) :
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which was granted and the petitioner was released on furlough from 19th April, 2015 to 2nd May, 2015. On 24th April, 2015, the petitioner preferred an application for extension of furlough on the ground of illness of his mother. The said application came to be rejected, hence this petition.
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she was advised complete bed rest for 20 to 25 days for complete recovery. However, the order of rejection shows that the mother of the petitioner was suffering from low blood pressure and diabetes as well as anemia. There is no reference to the back problem of the mother of the petitioner or that she was advised bed rest on account of the problem in the back. It is further seen that the petitioner while he was on furlough has complied with all the terms and conditions on which he was released on furlough. He was also regularly attending the police station, as per the condition imposed on him.
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who is in Yerwada Open District Prison, Pune.
(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.)
1 issue framed by the court
Whether the petitioner deserves an extension of furlough on humanitarian grounds due to the illness of his mother.
Kishor Shamji Maheria
The State of Maharashtra
The Deputy Inspector General (Prisons), Western Region
V. K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
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