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Bombay High CourtWP/3884/2016rule discharged

Javed Ahmed Mukhtar Shaikh v. The State Of Maharashtra

2016-12-07Hon'Ble Smt. Justice V.K. Tahilramani,Hon'Ble Shri Justice A.M. Badar2 pages

(903)WP-3884-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.3884 OF 2016 Javed Ahmed Mukhtar Shaikh ...

Petitioner V/s.

The State of Maharashtra ...

Respondent .....

Mr.Prosper D'souza, Advocate appointed for the Petitioner. Mr.H.J.Dedia, APP for the Respondent/State.

....

CORAM : SMT.V.K.TAHILRAMANI & A. M. BADAR JJ.

DATED : 7th DECEMBER 2016.

ORAL JUDGEMENT : (Per V. K. TAHILRAMANI J.) Heard both sides.

The petitioner preferred an application for furlough on 04/03/2016. The said application was rejected by order dated 08/08/2016. Hence, this petition.

It is seen that the petitioner has preferred an appeal against the order of rejection. The said appeal is pending. Hence, we are not inclined to grant furlough at this Gaikwad RD 1/2

(903)WP-3884-16 stage and looking to the fact that the appeal is pending since a long time instead we issue direction that the appellate authority to decide the appeal of the petitioner within a week of communication of this order.

Learned Additional Public Prosecutor to communicate this order to the appellate authority. In view of above, Rule is discharged.

(A. M. BADAR J.) (SMT. V. K. TAHILRAMANI J.) Gaikwad RD 2/2