2a. cri wp 4857-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4857 OF 2017
Vijay Ramdulare Nirmal .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Mr. Prosper D'Souza Advocate (appointed) 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. Rule. Rule is made returnable forthwith and the matter is heard finally by consent of the parties.
3. Through this petition, the petitioner has prayed for furlough.
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4. The record shows that the petitioner had preferred an application for furlough on 4.2.2017. The said application was rejected on 20.4.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal came to be dismissed by order dated 10.8.2017. Being aggrieved thereby, the petitioner preferred Cri. Writ Petition No. 4464 of 2017. The said Writ Petition came to be rejected by order dated 17.11.2017, however, it is seen that in the meantime, the petitioner preferred the present petition on 2.11.2017 wherein he has again prayed for furlough.
5. It is seen that on the date when the petitioner preferred the present petition, the earlier petition i.e Cri. Writ Petition No. 4464 of 2017 seeking the very same relief was pending. However, as the prayer for furlough has already been considered and rejected in the said Writ Petition by order dated 17.11.2017, it is not possible for us to grant the relief prayed for in this petition, hence, Rule is discharged.
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6. Office to communicate this order to the petitioner who is in Nasik Road Central Prison.
[ M.S. KARNIK, J ] [ ACTING CHIEF JUSTICE ]
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