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Bombay High CourtWP/861/2017rule discharged

Ajit Chandrakant Rane v. The State Of Maharashtra

2018-07-05Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice M.S. Sonak2 pages

skc 12-JUDG-WP-861-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 861 OF 2017 Ajit Chandrakant Rane

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Prosper D'souza - Advocate Appointed for Petitioner. Mr. Arfan Sait - APP for the State.

CORAM: SMT. V. K. TAHILRAMANI, Acting C. J. & M. S. SONAK, J.

DATE : 05 JULY 2018 ORAL JUDGMENT : (SMT. V. K. TAHILRAMANI, Acting C. J.) 1] Heard both the sides.

2] The petitioner preferred an application for furlough on 27th April 2016. The said application was rejected by order dated 8th August 2016. Being aggrieved thereby, the petitioner preferred appeal. The said appeal was rejected by order dated 15th November 2016. Hence, this petition. 3] The application of the petitioner for furlough came to be rejected mainly on the ground that he has been convicted under the MCOC Act and he belongs to a gang which indulges in criminal activities.

skc 12-JUDG-WP-861-17 4] The perusal of the order dated 15th November 2016 shows that the applicant is not only involved in this case under the MCOC Act for which he has been convicted but he is also involved in another case under the MCOC Act. The said case is pending trial. The learned APP also pointed out from the order of rejection that when the petitioner was earlier granted parole, he did not report back to the prison in time.

5] In view of the above facts, we are not inclined to grant furlough to the petitioner. Rule is discharged. 6] Office to communicate this order to the petitioner, who is in Amravati Central Prison.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) CHANDKA