Nandu Savlaram Bhoir v. The State Of Maharashtra

(24) WP 3380-17.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3380 OF 2017 Nandu Savlaram Bhoir

...Petitioner

vs.

The State of Maharashtra

...Respondent

...........

Mr. Prosper D'Souza, Advocate appointed for the petitioner. Mrs. G.P. Mulekar, A.P.P. - State.

...........

CORAM

:

SMT. V.K. TAHILRAMANI & M.S.KARNIK, J.J.

DATE :

10th October, 2017.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):- Heard both sides. The petitioner preferred an application for furlough on 16/11/2016. The said application was rejected by order dated 17/2/2017. Being aggrieved thereby the petitioner preferred an appeal. The appeal was dismissed by order dated 28/6/2017, hence this petition.

2.

One of the reasons for rejecting the application of the petitioner for furlough is that his appeal is pending before this Court. 1/2

(24) WP 3380-17.doc As per Notification dated 26/8/2016, the prisoner whose appeal is pending before higher Forum is not entitled to be released on furlough. As stated earlier, the appeal of the petitioner is pending before this Court hence, we cannot find any error in the order rejecting the application of the petitioner for furlough. No case is made out for interference. Rule is discharged. (M.S. KARNIK, J.) ( SMT. V.K. TAHILRAMANI J.) 2/2