3103cwp190.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.190 of 2011. Vishwanath Fattuji Kodape ..vs.. The State of Mah. Thru.the Secretary, Home Deptt.Mantralaya, Mumbai and anr. ------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------- Mr.N.A.Badar Adv.(appointed) for the petitioner. Mrs.K.Joshi, APP for the respondents. CORAM : MRS.V.K.TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATED : 31ST MARCH, 2011. 1. Heard the learned counsel for the petitioner and the learned APP for the respondents. 2. The petitioner was released on furlough on 24/4/1995. He was to report back in the month of May, 1995. However, instead of surrendering in the month of May, 1995, the petitioner absconded. Thereafter, the police authorities arrested him and brought him back to prison. The period that the petitioner had overstayed, when he was on furlough, was 1839 days. On account of overstay, prison punishment was imposed on the petitioner of 3103cwp190.11.odt 2/2 cutting of remission of 5 days for each day of overstay. The prayer of the petitioner is that the punishment of cutting of remission of 5 days for each day of overstay be reduced and instead remission of one day for each day of overstay be cut. 3. The learned counsel for the petitioner submitted that as the children of the petitioner were minor and his father was suffering from Cancer disease, he did not report back to the prison on time. Both these grounds cannot be a good grounds for overstay for such a long period of time. Moreover, it is not the case that the petitioner has surrendered on his own but he had to be arrested by police and brought back to prison. In such case, we are not inclined to take a lenient view in the matter. No case is made out for interference. The petition is rejected. JUDGE JUDGE chute