6. cri wp 4311-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4311 OF 2017
Sakharam Hari Shinde .. Petitioner
Versus
The State of Maharashtra .. Respondent
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Appearances
Mr. Prosper D'Souza Advocate (appointed) for the Petitioner
Mr. Arfan Sait APP for the State
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CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : NOVEMBER 30, 2017.
ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The petitioner preferred an application for furlough on 13.12.2016. The said application was rejected by order dated 20.4.2017. 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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6. cri wp 4311-17.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 the Supreme Court. By Notification dated 26.8.2016, it is provided that if the appeal preferred by the prisoner is pending before the higher court and the prisoner has not been granted bail in the said matter, then such prisoner would not be released on furlough. In view of the Notification which is in force, no case is made out for interference. Rule is discharged.
[ M.S. KARNIK, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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