Vaishali @ Rohini Kiran Aahire v. The State Of Maharashtra And ORS

DSS 37-cri.wp-4503-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4503 OF 2017 Vaishali @ Rohini Kiran Aahire

...Petitioner

Versus

The State of Maharashtra & ors

...Respondents

---- Mr. Rama D. Pawade for the Petitioner.

Mr. Arfan Sait, APP for the Respondent-State. ---- CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

DATE : 25.04.2018.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :

1] Heard both sides.

2] The petitioner has preferred an application for furlough on 01.12.2016. The said application was rejected by order dated 03.04.2017. Being aggrieved thereby, the petitioner has preferred an appeal. The appeal was dismissed by order dated 19.07.2017, hence, this petition. 3] The main reason for rejecting the application of the petitioner for furlough is that the appeal preferred by the petitioner against her conviction and sentence is pending

DSS 37-cri.wp-4503-17 before the higher court. This was in pursuance to Rule 4(11) of the Prisons (Bombay Furlough and Parole) Rules, 1959. The said Rule stated that where the appeal of a prisoner against his/her conviction is pending before the higher forum, he/she shall not be eligible to be granted furlough. However, by Notification dated 16.04.2018, the said Rule has been deleted. As the only ground, on which, the application of the petitioner for furlough was rejected is that her appeal was pending before the higher court and as the Rule is no longer in existence, in this view of the matter, we are inclined to set aside the orders dated 03.04.2017 and 19.07.2017 and grant furlough to the petitioner. The petitioner to be released on furlough on usual terms and conditions as may be imposed by the Sanctioning Authority.

4] Rule is made absolute in the above terms.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE)