Criminal writ petition challenging rejection of furlough leave application dismissed as petitioner absconded after prior leave and needs to serve extended sentence before eligibility.
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.
1 cwp322.18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO.322 OF 2018
[Raju s/o Pandurang Kokate .vs. State of Maharashtra and one]
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri A.Y. Sharma, counsel (appointed) for the petitioner, Shri I.J. Damle, APP for the respondents-State.
CORAM : SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATED : APRIL 13, 2018.
Heard.
By this criminal writ petition the petitioner challenges the order of the D.I.G. Prisons, Nagpur dated 19.1.2018 rejecting the furlough leave application of the petitioner.
The impugned order appears to be just and reasonable and calls for no interference in exercise of the writ jurisdiction. When the petitioner was released on furlough leave on the earlier occasion, the petitioner had absconded and was required to be brought to the prison 3729 days after the expiry of the due date. Since the petitioner was required to be brought to the prison nearly ten years after he was released on furlough leave, it would be necessary for the petitioner to remain in the prison for few more years before seeking furlough leave.
In the circumstances of the case, we dismiss the writ petition. Order accordingly.
JUDGE JUDGE
Gulande
Raju s/o Pandurang Kokate
State of Maharashtra
Vasanti A Naik
Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
