Manoj @ Gotya Sudhakar Hire v. The State Of Maharashtra

jdk 1 9.cri.wp.452.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 452 OF 2014 Manoj @ Gotya Sudharkar Hire .. Petitioner Vs.

The State of Maharashtra .. Respondent ....

Mr. Yashpal Thakur Advocate appointed for the Petitioner Smt. V.R. Bhonsale A.P.P. for the State ....

CORAM : SMT.V.K.TAHILRAMANI AND SHRI. C.V. BHADANG, JJ.

DATED : MARCH 10, 2016 ORAL ORDER [PER SMT. V.K.TAHILRAMANI, J.] :

Heard both sides. Rule. By consent, rule is made returnable forthwith.

The petitioner preferred an application for furlough. The said application for furlough came to be rejected on the ground that the petitioner is convicted under Section 364 of IPC i.e. in an offence of kidnapping and as amended Rule 4 in Chapter XXXVII of Maharashtra Prison Manual of the Rules

jdk 2 9.cri.wp.452.14.doc relating to furlough and parole to prisoners, states that if a person is convicted under Section 364 of IPC, he will not be released on furlough.

It is an admitted fact that the petitioner has been convicted under Section 364 of IPC. In this view of the matter, we find no manifest error or illegality in the order of the authorities rejecting the application for furlough. Hence, the petition is dismissed. Rule is discharged.

Fees be paid to the appointed advocate as per Rules. [ C.V.BHADANG, J.] [ SMT. V.K.TAHILRAMANI,J. ] kandarkar