Umesh Kishor Gordia vs The State Of Maharashtra

Citation : 2017 Latest Caselaw 8125 Bom
Judgement Date : 12 October, 2017

Bombay High Court
Umesh Kishor Gordia vs The State Of Maharashtra on 12 October, 2017
Bench: V.K. Tahilramani
                                                                              17.wp 3775.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION NO. 3775 OF 2017

                 Umesh Kishor Gordia                       .. Petitioner
                      Vs.
                 The State of Maharashtra                  .. Respondent

                 Ms.Rohini M. Dandekar, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                               CORAM : SMT. V.K.TAHILRAMANI &
                                                              M.S.KARNIK, JJ.

12th OCTOBER, 2017 ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI , J.) :

1. Heard both sides.

2. The petitioner preferred an application for furlough on 24/10/2016. The said application was rejected by order dated 08/03/2017. Being aggrieved thereby, the petitioner preferred an Appeal. The said Appeal was dismissed by order dated 12/06/2017. Hence, this Petition. 1/2 ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:30:51 :::

17.wp 3775.17.doc

3. The application of the petitioner came to be rejected on the ground that the Appeal preferred by the petitioner against conviction is pending before this Court. Notification dated 26/08/2016 states that a prisoner whose appeals against conviction are pending before the higher forum cannot be released on parole or furlough. In view of the notification, no error can be found in the orders dated 08/03/2017 and 12/06/2017. Thus, no case is made out for interference. Rule is discharged.

4. Office to communicate this order to the petitioner who is in Nashik Road Central Prison. (M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 2/2 ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:30:51 :::