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2013 DIGILAW 1384 (BOM)

Vishnu v. State of Maharashtra

2013-07-22

A.I.S.CHEEMA, NARESH H.PATIL

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JUDGMENT NARESH H. PATIL, J. 1. Heard. 2. Rule, made returnable forthwith. By consent, heard finally. 3. The learned counsel for the petitioner submits that, by an order dated 4.2.2013 passed by the Deputy Inspector General of Prisons, Aurangabad, the petitioner was released on 16.4.2013 on furlough for 14 days. The petitioner applied on 17.4.2013 for extension of furlough. The petitioner surrendered on 15.5.2013 on his own. 4. It is submitted that the application of the petitioner for extension of furlough has been rejected on 18.5.2013 on the ground that police report was not received. Though the application has been rejected on 18.5.2013, on the same day a favourable report of the police was received by the jail authorities. 5. The petitioner is aggrieved by the show cause notice dated 22.5.2013 issued to him by the Superintendent, District Open Prison, Paithan, calling for his explanation as to why he shall not be punished for surrendering late. 6. In the facts and circumstances of the case the issue requires to be remanded back to the jail authorities for its proper consideration. 7. The order dated 18.5.2013 passed by the Deputy Inspector General of Prisons, Aurangabad and the show cause notice dated 22.5.2013 issued by the Superintendent of District Open Prison, Paithan, are quashed and set aside. We direct the Deputy Inspector General of Prisons, Aurangabad, to pass a fresh order on the application of the petitioner seeking extension of furlough and thereafter deal with the show cause notice in accordance with law. 8. Rule is made absolute in above terms. 9. The Secretary, High Court Legal Services Sub Committee, Aurangabad, to pay fees to the counsel appointed for the petitioner. Ordered accordingly.