Bombay High CourtWP/2382/2017rule discharged

Raju Shantaram Koli v. The Inspector General And ANR

2017-07-31Hon'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.2382 OF 2017 Raju Shantaram Koli ......Petitioner V/s.

The Inspector General & Anr.

.......Respondents Mr. Prosper D'Souza , Advocate for Petitioner. Mrs. G.P.Mulekar, APP for Respondent-State.

CORAM :

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

SANDEEP K. SHINDE, JJ.

DATE :

July 31, 2017.

ORAL JUDGMENT : [ Per Smt. V.K.Tahilramani, J.] ORAL JUDGMENT : [ Per Smt. V.K.Tahilramani, J.] Heard both sides.

Heard both sides.

The petitioner preferred an application for The petitioner preferred an application for furlough on 20.10.2016. The said application was rejected furlough on 20.10.2016. The said application was rejected by order dated 23.1.2017. Being aggrieved thereby, by order dated 23.1.2017. Being aggrieved thereby, petitioner preferred an appeal. The appeal was dismissed petitioner preferred an appeal. The appeal was dismissed by order dated 15.4.2017 hence, this petition. by order dated 15.4.2017 hence, this petition. Shivgan

* 2/2 * 39-WP-2382-2017.doc The application of the petitioner for furlough The application of the petitioner for furlough came to be rejected mainly on the ground that he has been came to be rejected mainly on the ground that he has been convicted under Section 376 of IPC. Notification dated convicted under Section 376 of IPC. Notification dated 1.12.2015 clearly provides that if prisoner has been 1.12.2015 clearly provides that if prisoner has been convicted under Section 376 of IPC, he shall not be convicted under Section 376 of IPC, he shall not be released on furlough. As the petitioner has been convicted released on furlough. As the petitioner has been convicted under Section 376 of IPC, he cannot be granted furlough. under Section 376 of IPC, he cannot be granted furlough. In this view of the matter, we do not find any In this view of the matter, we do not find any error in the order passed by the authorities. Hence, we are error in the order passed by the authorities. Hence, we are not inclined to interfere.

not inclined to interfere.

Rule is discharged.

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