8. cri wp 4464-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4464 OF 2017
Vijay Istriwala Ramdulari Nirmal .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Mrs. Nasreren 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 &
M.S. KARNIK, JJ.
DATE : NOVEMBER 17, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The petitioner has 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, hence, this petition.
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8. cri wp 4464-17.doc
3. The application of the petitioner for furlough came to be rejected in view of the fact that the appeal preferred by him against his conviction and sentence is pending before the Supreme Court.
4. By Notification dated 26.8.2016, there is an amendment to the furlough rules. This amendment states that if the appeal preferred by a prisoner is pending before the higher Court and bail is not granted by the higher Court in the said matter, then furlough leave cannot be granted to such prisoner. In view of this legal position, it is not possible for us to interfere. Rule is discharged.
[ M.S. KARNIK, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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