1. cri wp 4423-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4423 OF 2017
Imran Maula Kalawant .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
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Appearances
Mrs. Nasreen S.K. Ayubi Advocate (appointed) for the Petitioner
Mrs. G.P. Mulekar APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 13, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 19.10.2016. The said application was rejected by order dated 7.2.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 28.6.2017, hence, this petition.
3. The application of the petitioner for furlough came to be rejected on the ground that the petitioner has been jfoanz vkacsjdj 1 of 2 ::: Uploaded on - 15/12/2017 ::: Downloaded on - 16/12/2017 01:48:22 :::
1. cri wp 4423-17.doc convicted in a case of rape. Notification dated 1.12.2015 states that if a person has been convicted for the offence of rape, he shall not be granted furlough.
4. The learned counsel for the petitioner contended that even if the petitioner is convicted under Section 376 of IPC, he can be granted furlough. To support this contention, reliance was placed on three Writ Petitions which have been decided by this Court i.e Cri. Writ Petition No. 432 of 2013 ( Balu s/o Savleram Ubale Vs. The State of Maharashtra & Ors. ), Cri. Writ Petition No. 3325 of 2014 (Santosh Namdeo Bhukan Vs. The State of Maharashtra and Cri. Writ Petition No. 4017 of 2016 (Rubina Suleman Memon Vs. The State of Maharashtra & Ors. ). We have perused the said decisions, however, they would not help the petitioner in any manner. In view of the notification dated 1.12.2015, we are not inclined to interfere, hence, Rule is discharged.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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