jdk 1 24.crwp.4484.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL W.P.NO. 4484 OF 2017
Krishna Kashinath Zanzane ]
Age 60 years, residing at ]
Municipal Post Aakluj, ]
Sangram Nagar, 65, Behind Bangla ]
School, Aarve Plot, Taluka Malshiras ]
Dist. Solapur - 413101 ]
At presently lodged in Yerawada ]
Central Prison as Prisoner No.6695 ]
Circle No.3, Barrack No.6, Yerawada ]
Pune-411006 ].. Petitioner
1) State of Maharashtra ]
(Through the office of Public ]
Prosecutor) ]
2) The Inspector General of Prison ]
Western Zone, Pune ]
3) The Deputy Inspector General ]
of Prison, Western Zone, Pune ]
4) The Superintendent, ]
Yerawada Central Prison, Pune ]
5) The Senior Inspector of Police, ]
Aakluj Police Station, ]
Taluka Malshiras, Dist. Solapur ]
PIN 413101 ].. Respondents
....
Mrs. Harjeet Kaur Bhagwant Singh Advocate 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
1 of 3
::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 00:38:58 :::
jdk 2 24.crwp.4484.17.j.doc
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]: 1 Heard both sides. 2 The petitioner preferred an application for furlough on
2.2.2017. The said application was rejected by order dated 22.8.2017. Being aggrieved thereby, the petitioner has preferred the present petition.
3 If an application for furlough is rejected, remedy of appeal is provided. It is seen that the petitioner has not preferred an appeal and has directly preferred this writ petition. The Constitution Bench of the Supreme Court in Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has held that "when an alternate remedy is available, a writ petition should not be entertained". In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy available to him of appeal. If any appeal is preferred by the petitioner against the order of rejection, the said appeal to be disposed of as expeditiously as possible and preferably within a period of four weeks from the date of filing of such appeal.
2 of 3
::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 00:38:58 :::
jdk 3 24.crwp.4484.17.j.doc
4 Writ petition is disposed of in above terms. Rule is
discharged.
[ M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
3 of 3
::: Uploaded on - 04/12/2017 ::: Downloaded on - 05/12/2017 00:38:58 :::