1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO. 126 OF 2011 (Anil Tukaramji Mandhare .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Amit Joshi, Advocate for the petitioner. Smt. K.S. Joshi, APP for the respondents. CORAM : MRS. V.K. TAHILRAMANI AND PRASANNA B. VARALE, JJ. 15TH MARCH, 2011. Heard both sides. The petitioner was released on furlough. He has overstayed for 41 days. Hence, he was awarded prison punishment of cut in remission of five days for each day of overstay. The petitioner has prayed for quashing the punishment. Learned APP has submitted that the petitioner is in the habit of overstaying when he is released on furlough and, therefore, maximum punishment was awarded to him. Learned Counsel for the petitioner has stated that the petitioner was unwell for the period from 22.05.2005 to 12.06.2005 and on account of this he was not able to return back to prison in time. To support his contention, he has placed reliance on the medical certificate signed by the Civil Surgeon, General Hospital, Bhandara. The certificate indeed shows that the petitioner was unwell from 22.05.2005 to 12.06.2005 i.e. for the period of 22 days. Looking to the fact that the overstay was on account of ill health of petitioner which has been certified by the Civil Surgeon, we are of the opinion that though the petitioner is in the habit of returning late, on this occasion the maximum punishment ought not to be awarded to the petitioner. Hence, instead of five days cut in remission, the concerned authority to impose punishment of three days cut in remission for each day of overstay. 2 Petition stands disposed of with above directions. JUDGE JUDGE *rrg.