The court rejected a writ petition seeking furlough leave, holding the prayer erroneous because the State required a surety and cash security on earlier occasions notwithstanding the petitioner's claims.
The petition for furlough leave was rejected and the order was directed to be communicated to the prisoner.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.372 OF 2019
Irfan Dastagir Shaikh
...Petitioner
vs.
The State of Maharashtra
...Respondent
Mr.Shantanu R. Phange for the Petitioner. Mr.Arfan Sait, APP for the Respondent State. Mr. P.M. Nagawade, Jailor, Nashik Central Jail.
CORAM : B. P. DHARMADHIKARI &
SANDEEP K. SHINDE, JJ. DATE : 11/06/2019.
P.C.:
. Heard learned counsel (appointed) for the petitioner. He states that on earlier two occasions he has been permitted to avail furlough leave by depositing cash as security and hence insistence on an independent surety by respondent at this juncture is unwarranted.
(SANDEEP K. SHINDE, J.)
(B. P. DHARMADHIKARI, J.)
1 issue framed by the court
Whether insistence on an independent surety by the State for furlough leave is warranted after the petitioner was permitted leave with cash security on earlier two occasions.
Irfan Dastagir Shaikh
The State of Maharashtra
B. P. Dharmadhikari
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
