Cri.Writ Petition no.634/08. 1 IN THE HIGH COURT OF JUDICATUTRE AT BOMBAY, NAGPUR BENCH NAGPUR. CRIMINAL WRIT PETITION NO.634 OF 2008. Yakubkhan Mohammad Khan ..vs.. The State of Maharashtra and ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs.Rashi Deshpande, Adv.(Appointed) for the petitioner. Mr.A.S.Sonare, Additional Public Prosecutor for the State. CORAM: K.J.ROHEE AND C.L.PANGARKAR,JJ. DATE : 25/11/2008. 1. Heard the learned counsel for the petitioner and the Additional Public Prosecutor for the respondent/State. 2. The petitioner who is a life convict was granted furlough leave from 15/8/2002 to 30/8/2002. He was to surrender on 31/8/2002. However, he did not surrender and was required to be Cri.Writ Petition no.634/08. 2 arrested on 2/10/2002. He thus over stayed for 32 days. 3. A notice was issued to him calling upon him to show cause as to why punishment of cut in remission in the ratio of 1:5 should not be imposed upon him. On 23/10/2002 the petitioner submitted his explanation to the effect that because of the death of his brother-in-law during illness he was required to stay till 40th day and that is why he could not surrender on due date. 4. It may be noted that the petitioner did not disclose the name of his brother-in-law nor the date of death in the said explanation. Perhaps, that is why the Competent Authority did not accept his explanation and imposed punishment of cut in remission in the ratio of 1:5. 5. A perusal of the petition, however, shows the petitioner over-stayed for 32 days because of his brother's illness. It is also contended by him that after his brother recovered from the illness he surrendered on 2/10/2002. Thus, there has been variance Cri.Writ Petition no.634/08. 3 between the explanation submitted by him before the competent authority and the contention made in the present petition. In view of this, we did not find any illegality in the impugned order. We, therefore, pass the following order. The petition is dismissed. JUDGE JUDGE. chute