4. cri wp 4965-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4965 OF 2017
Yunus Mehaboob Nadaf .. Petitioner
Versus
The State of Maharashtra & Ors. .. Respondents
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Appearances
Mr. Ujwal R. Agandsurve Advocate for the Petitioner
Mr. Arfan Sait APP for the State
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CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. &
M.S. KARNIK, J.
DATE : DECEMBER 19, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, A.C.J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 6.1.2017. The said application was rejected by order dated 18.4.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 3.11.2017, hence, this petition.
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4. cri wp 4965-17.doc
3. The application of the petitioner for furlough came to be rejected mainly on the ground that in the year 2010, when he was released on parole, he did not report back to the prison in time and after 1141 days, he was arrested by the police and brought back to the prison. The record of the petitioner shows that on 8.12.2010, he was released on parole. As stated earlier, the petitioner was brought back to the prison by the police after 1141 days. In view of these facts, the Authorities apprehended that if the petitioner is released on furlough, he will not report back to the prison in time and he may abscond. Looking to the conduct of the petitioner, it cannot be said that this apprehension is without any basis, hence, we are not inclined to interfere. Rule is discharged. However, if the petitioner prefers a fresh application for furlough, the same to be decided on its own merits..
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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