This criminal writ petition sought directions for the petitioner's release on furlough. The compound order dismissed the petition, holding that no relevant material justified interference as the petitioner had failed to surrender after an earlier furlough period.
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cwp.998.16 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Writ Petition No.998 of 2016
(Gokul Orilal Joshi
vs.
The State of Maharashtra, through D.I.G. (E) ®, Nagpur and another)
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Ms. Sneha S. Dhote, Advocate for the Petitioner. Mrs. N.R. Tripathi, A.P.P. for the Respondents.
CORAM : B.R. GAVAI AND KUM. INDIRA JAIN, JJ. DATE : 8th FEBRUARY, 2017.
Heard the learned Counsel for the petitioner and the learned A.P.P. for respondents.
By way of present criminal writ petition, the petitioner has prayed for issuance of directions to respondent no.1 to release him on furlough leave.
The application of petitioner for grant of furlough leave was rejected by the competent authority on the ground of adverse police report that when he was released on furlough on an earlier occasion, he did not surrender himself and, therefore, he was required to be arrested and brought back to prison by the police.
cwp.998.16 2
A perusal of afÏdavit-in-reply filed by the learned A.P.P. would reveal that after the petitioner was released on furlough on an earlier occasion, he did not return to the jail and was, therefore, required to be arrested and brought back to prison. The petitioner had not submitted any documents before the Authority justifying his action of not returning to the prison after period of furlough was over.
In view of above, no case is made out for interference. The criminal writ petition is accordingly dismissed.
JUDGE JUDGE
*sdw
1 issue framed by the court
Whether a furlough suspension order should be quashed due to failure to surrender after furlough tenure expired?
Gokul Orilal Joshi
The State of Maharashtra, through D.I.G. (E), Nagpur and another
B.R. Gavai
Indira Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
