Balkrishna Pitya Raghunath Waghe v. The State Of Maharashtra

13-CRIWP-4599-17-two

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4599 OF 2017 Balkrishna Pitya Raghnuath Waghe

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mrs. Nasreen S. K. Ayubi for Petitioner.

Mrs. G. P. Mulekar - APP for State.

CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

DATE : 06 AUGUST 2018 ORAL JUDGMENT : (SMT. V. K. TAHILRAMANI, Acting C. J.) 1] Heard both the sides.

2] Rule. By consent, Rule is made returnable forthwith and the matter is heard finally.

3] The petitioner had preferred an application for furlough on 1st December 2016. The said application was rejected by order dated 31st July 2017. Hence, this petition.

13-CRIWP-4599-17-two 4] The Rules provide for remedy of an appeal against the order of rejection. It is seen that the petitioner has not availed of the said remedy and he has directly approached this Court. In view of the fact that the petitioner has efÏcacious alternate remedy, we are not inclined to entertain this petition and the petitioner is relegated to the remedy of preferring an appeal. If appeal is preferred, the same be disposed of expeditiously by the Appellate Authority.

5] In view of above, no case is made out for interference. Rule is discharged.

6] OfÏce to communicate this order to the petitioner who is in Nashik Road Central Prison.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) Sunita Kishandas Chandka CHANDKA Sunita Kishandas Chandka Date: 2018.08.07 17:54:53 +0530