jdk 1 9.crwp.4049.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4049 OF 2017
Babu alias Shashikant Tukaram
Kalambe C/10517 .. Petitioner
Vs.
The State of Maharashtra .. Respondent
....
Mr. Prosper D'Souza Advocate appointed for Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
M.S.KARNIK, JJ.
DATED : NOVEMBER 13, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.] :
1 Heard both sides. 2 The petitioner preferred an application for furlough.
The application was rejected by order dated 3.3.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 7.8.2017, hence, this petition.
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jdk 2 9.crwp.4049.17.j.doc
3 The application of the petitioner for furlough came to
be rejected in view of the fact that his appeal is pending before a higher forum. By Notification dated 26.8.2016, The Prisons (Bombay Furlough and Parole) Rules, 1959 came to be amended. The said Notification provides that if the appeal preferred by a convict is pending before a higher forum and bail has not been granted by the Court in the said appeal, then that convict cannot be granted furlough. In view of the Notification dated 26.8.2016, we cannot find any error with the authorities for rejecting the application of the petitioner for furlough, hence, no case is made out for interference. Rule is discharged. Petition is dismissed.
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