cwp273.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.273 OF 2011 Zamir Zainuddin Pattewale, R/o­At Post­Rajapur, Tq­Shirod, Dist­Kolhapur, At present: Prisoner No.C/1977, Dhule District Prison, Class­I, District­Dhule. ...PETITIONER. VERSUS 1) The State of Maharashtra, 2) The Superintendent, Dhule District Prison, Dhule. 3) The Special D.G.P. & the D.I.G. of Prisons, Aurangabad. ...RESPONDENTS. ... Shri.A.S. Barlota Advocate for the Petitioner (appointed). Shri. D.V. Tele, A.P.P. for Respondents. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 2ND MAY, 2011 cwp273.11 2 ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. Heard learned counsel appearing for the parties. Rule. Rule made returnable forthwith. 2. The Petitioner – prisoner applied for furlough leave. Furlough leave was granted to the Petitioner on 7th September, 2010, for fourteen days. The Petitioner­prisoner overstayed the leave period and surrendered to the Jail Authorities on 6th October, 2010. The Petitioner’s contention is that by communication dated 21st September, 2010 addressed to the D.I.G. (Prison) Aurangabad, he prayed for extension of his furlough leave period on account of illness of his mother. The Jail Authorities imposed punishment for late surrender, by forfeiting 28 days of remission earned by the Petitioner. The said order is questioned in this Petition. 3. Learned counsel appearing for the cwp273.11 3 Petitioner submitted that mother of the Petitioner was not well. The Petitioner filed an application for extension of leave. The Petitioner did not receive any order passed by the Authorities concerned, on his application. The Petitioner himself surrendered to Jail Authorities on 6th October, 2010. Considering the conduct of the Petitioner, the punishment imposed by the Jail Authorities is harsh and deserves to be set aside. 4. The learned A.P.P. produced file from the office of the D.I.G. (Prison), Aurangabad and Superintendent, District Prison, Dhule. It is submitted that the Petitioner was convicted for an offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer life imprisonment by the Sessions Court at Sangli. It is stated that Petitioner's appeal against the said Judgment and Order is pending before the Principal Seat of Bombay High Court. At present the Petitioner is confined to the District Prison, cwp273.11 4 Dhule. 5. The learned A.P.P., on instructions of Superintendent, District Prison, Dhule submits that prisoners who are of young age, normally are confined to the District Prison, Dhule. The State has not placed any policy decision in this regard, before this Court. The learned A.P.P. on instructions, informs that Inspector General of Police, takes decision in this regard. 6. From perusal of the record, we find that the Petitioner applied for extension of leave at a belated stage. His application was received by the office of D.I.G. (Prison) Aurangabad, on 11th October, 2010. Prior to the receipt of the same, the petitioner­ prisoner surrendered to the Jail Authorities, on 6th October, 2010. 7. We do not find any error in the order passed by the Jail Authorities, imposing cwp273.11 5 punishment of forfeiting remission earned by the Petitioner ­prisoner. The Writ Petition stands dismissed. 8. The Secretary, High Court Legal Services Sub Committee, Aurangabad is directed to pay the fees of the appointed counsel. . Authenticated copy of this order be provided to the learned A.P.P. for forwarding it to the Inspector General of Police. . Rule discharged. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/MAY11/cwp273.11