jdk 1 18.crwp.4236.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL W.P.NO. 4236 OF 2017
Devji Hari Shinde, ]
C/10519, Presently in Nasik Road ]
Central Prison, Nasik ].. Petitioner
Vs.
The State of Maharashtra ].. Respondent
....
Mr. Prosper D'Souza Advocate appointed for the Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
....
CORAM : SMT.V.K.TAHILRAMANI AND
M.S.KARNIK, JJ.
DATED : NOVEMBER 21, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]:
1 Heard both sides. 2 The petitioner preferred an application for furlough on
1.12.2016. The said application was rejected by order dated 3.4.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 18.8.2017, hence, this petition.
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jdk 2 18.crwp.4236.17.j.doc
3 The application of the petitioner for furlough came to
be rejected on the ground that the appeal preferred by him against his conviction and sentence is pending before the Supreme Court. In Notification dated 26.8.2016 it is provided that if the appeal of the prisoner is pending before a higher Court and he has not been granted bail by the said Court, in such case, furlough cannot be granted to such prisoner. Looking to these facts, we are not inclined to interfere, hence, Rule is discharged. Petition is dismissed. [ M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 2 of 2 ::: Uploaded on - 23/11/2017 ::: Downloaded on - 24/11/2017 14:01:22 :::