Shivaji Bhikaji Gawde v. The Superintendent And ANR

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.220 OF 2017 IN CRIMINAL WRIT PETITION NO.4400 OF 2015 Shivaji Bhikaji Gawde (Through Jail) ....

Applicant

Versus

The Superintendent, Kolhapur Central Prison, Kalamba, Kolhapur & Anr.

....

Respondents Ms. Rohini Dandekar, Appointed Advocate, for the Applicant. Mrs. G.P. Mulekar, A.P.P., for the Respondent-State. CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 7TH AUGUST, 2017.

P.C. :

1.

In this application, the Applicant has prayed that his furlough period be extended from 9th November 2014 for a period of 14 days. 2.

The Applicant had preferred Criminal Writ Petition No.4400 of 2015, wherein also he has sought extension of furlough from 9th November 2014 to 23rd November 2014 i.e. for a period of 14 days. The said application for extension of furlough came to be rejected by the concerned authorities by order dated 13th May 2015, which was challenged by the Applicant in Criminal Writ Petition No.4400 of 2015.

1/2 APPW-220-17.doc

3.

This Court by order dated 3rd August 2016 rejected the said Petition. Hence, the prayer of the Applicant herein has already been considered in Criminal Writ Petition No.4400 of 2015 and rejected by the order dated 3rd August 2016. Hence, it is not possible to consider this application, wherein the very same prayer has been made as the one in Criminal Writ Petition No.4400 of 2015.

4.

In view of the above facts, this application is rejected. 5.

Office to communicate this order to the Applicant, who is lodged in Kolhapur Central Prison, Kalamba, Kolhapur.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ SMT. V.K. TAHILRAMANI, J.] 2/2 APPW-220-17.doc