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Bombay High CourtWP/3097/2019others disposed off

Imran Shabbir Gauri v. The State Of Maharashtra

2019-08-13Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

1 wp-3097.19.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3097 OF 2019 Imran Shabbir Gauri ... Petitioner

Versus

The State of Maharashtra ... Respondent None for the Petitioner.

Mr. Arfan Sait, APP for the Respondent - State. Mr. P.N. Nagawade, Jailor, Gr.II, Nashik Jail. CORAM :

B.P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

DATE :

13th AUGUST, 2019.

P.C. :

Request for furlough has been rejected because conviction under section 376(2)(i) IPC and also under POCSO Act. The learned APP submits that the provisions of the Prisons (Bombay Furlough and Parole) Rules, 1959 and particularly Rule 4(21) do not enable the petitioner to seek furlough.

We find that counsel for petitioner was absent on 29th July 2019 is absent even today.

2 wp-3097.19.docx As such since Rules do not enable the petitioner to seek furlough, we reject the writ petition.

(MRS. SWAPNA S. JOSHI, J.) (B.P. DHARMADHIKARI, J.)