High Court quashed impugned order denying furlough to petitioner, noting his history of voluntary surrender and satisfactory conduct, directing release within two weeks with conditions.
Impugned order quashed; Authorities directed to release petitioner on furlough within two weeks with suitable conditions.
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.
6-wp-162.2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 162 OF 2020
Maruti Ramchandra Gholap
… Petitioner
Versus
The State of Maharashtra … Respondent
Adv Sushan N. Mhatre for the petitioner.
Mr.K.V. Saste, APP for the respondent State.
CORAM : B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & NITIN R. BORKAR, J. DATE : MARCH 03, 2020
P.C. :
Heard learned counsel (appointed) and learned APP for the State.
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6-wp-162.2020.odt
that the prisoner has on last occasion reported back voluntarily and therefore, did not abscond. Lastly it is submitted that the apprehension expressed by the complainant or his witness has got no legal base.
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background becomes important. There is a recommendation to release him. We therefore, find denial of leave to him on the grounds mentioned supra unsustainable. The orders are accordingly quashed and set aside. The Authorities are directed to impose suitable terms and conditions and to release him on furlough within two weeks after receipt of this order by them.
NITIN R. BORKAR, J.
ACTING CHIEF JUSTICE
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1 issue framed by the court
Whether denial of furlough to a prisoner with a history of voluntary surrender is legally sustainable.
Maruti Ramchandra Gholap
The State of Maharashtra
B.P. Dharmadhikari
Nitin R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
