jdk 1 23.crwp.4305.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4305 OF 2017
Balkrishna Laxman Mhatre ]
C/7037 ]
Nasik Road Central Prison, Nasik ].. Petitioner
Vs.
The State of Maharashtra ].. Respondent
....
Mrs. Nasreen S.K.Ayubi 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 27, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]: 1 Heard both sides. 2 The petitioner preferred an application for furlough on
17.12.2016. The said application was rejected by order dated 5.5.2017. Being aggrieved thereby, the petitioner preferred an appeal. The appeal was dismissed by order dated 1.9.2017, hence, this petition.
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jdk 2 23.crwp.4305.17.j.doc
3 One of the grounds for rejecting the application of the
petitioner for furlough is that the appeal preferred by the petitioner against his conviction and sentence is pending before this 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.
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