HARVINDARPAL @ DEELIP GURUMITSINGH Vs. STATE OF MAHARASHTRA THROUGH SECRETARY, HOME DEPARTMENT, MANTRALAYA, MUMBAI 32
LAWS(BOM)-2017-10-177
HIGH COURT OF BOMBAY
Decided on October 30,2017

Harvindarpal @ Deelip Gurumitsingh Appellant
VERSUS
State Of Maharashtra Through Secretary, Home Department, Mantralaya, Mumbai 32 Respondents

JUDGEMENT

S.S. Shinde, J. - (1.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.
(2.) This Petition takes exception to the order dated 21st March, 2014 passed by Respondent No.3, thereby rejecting the application of the petitioner for extension of furlough leave for a period of 14 days and further imposition of punishment of curtailing the remission to the extent of 70 days.
(3.) The background facts for filing the present Petition, as disclosed in the memo of Petition, in brief are as under : It is the case of the petitioner that, the petitioner is a convict for the offence punishable under section 302 of the Indian Penal Code and is undergoing sentence of imprisonment for life. It is the case of the petitioner that, the petitioner made an application for furlough leave to the Deputy Inspector General, Central Region, Aurangabad and the said furlough leave was sanctioned by Respondent No.3 for 14 days by order dated 15th February, 2014, and on the basis of the said order, the present petitioner came to be released on furlough leave from Visapur Open District Prison on 3rd March, 2014 for a period of 14 days. It is the case of the petitioner that, when he was released on furlough leave, he was suffering from piles and due to said sickness, he was advised to take complete bed rest for one month. As the period of furlough leave was coming to an end, the petitioner filed an application on 8th March, 2014 for extension of furlough leave on the medical grounds, but no decision was communicated to him, therefore, the petitioner surrendered back to the Prison Authority on 1st April, 2014. At that time, the Prison Authorities informed the petitioner that, his application for extension of furlough leave has been rejected.;


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