Bombay High CourtWP/2086/2017rule discharged

Kamal Mayaram Kanojia v. The State Of Maharashtra

2017-07-13Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2086 OF 2017 Kamal Mayaram Kanojia ......Petitioner V/s.

The State of Maharashtra .......Respondent Mr. Prosper D'Souza, Advocate appointed for Petitioner. Mr. H.J.Dedhia, APP for Respondent-State.

CORAM :

CORAM : SMT. V.K. TAHILRAMANI, & SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :

July 13, 2017.

ORAL JUDGMENT : [Per Smt. V.K.Tahilramani, J.] ORAL JUDGMENT : [Per Smt. V.K.Tahilramani, J.] The petitioner preferred an application for The petitioner preferred an application for furlough on 21.7.2014 as the petitioner wants to avail furlough on 21.7.2014 as the petitioner wants to avail furlough in the state of UP, report was called from UP. After furlough in the state of UP, report was called from UP. After considerable delay, report was received from UP Police. considerable delay, report was received from UP Police. Thereafter, application of the petitioner for furlough came Thereafter, application of the petitioner for furlough came to be rejected by order dated 30.11.2016. Being aggrieved to be rejected by order dated 30.11.2016. Being aggrieved thereby, petitioner preferred an appeal which was thereby, petitioner preferred an appeal which was dismissed by order dated 8.3.2017 hence, this petition. dismissed by order dated 8.3.2017 hence, this petition. Shivgan

* 2/2 * 31-WP-2086-2017.doc Application of the petitioner for furlough came to Application of the petitioner for furlough came to be rejected in view of the fact that he was convicted of the be rejected in view of the fact that he was convicted of the offence punishable under Section 392 and 394 of IPC. Rule offence punishable under Section 392 and 394 of IPC. Rule 4(2) of the Prisons (Bombay Furlough and Parole) Rules, 4(2) of the Prisons (Bombay Furlough and Parole) Rules, 1959 provides that prisoner convicted of offences under 1959 provides that prisoner convicted of offences under Sections 392 to 402 of IPC will not be considered for Sections 392 to 402 of IPC will not be considered for release on furlough. In view of Rule 4(2), no error can be release on furlough. In view of Rule 4(2), no error can be found in the order of the authority rejecting application for found in the order of the authority rejecting application for furlough hence, rule is discharged.

furlough hence, rule is discharged.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J) (SMT. V.K. TAHILRAMANI, J) Shivgan