jdk 1 12.crwp.2383_apw.358.17.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2383 OF 2017
WITH
CRI. APPLICATION NO. 358 OF 2017
IN
CRI. W.P.NO. 2383 OF 2017
Dinesh @ Saifan Sunkappa ]
Kunchikorve ]
Age about 29 years, Occ: ]
At present in ]
Kolhapur Central Prison, ]
Kolhapur as Convict -5732 ].. Petitioner
Vs.
The State of Maharashtra ]
and its functionaries D.I.G. / ]
I.G. and home Deptt. ].. Respondent
....
Ms. Rohini Dandekar Advocate appointed for the Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
Mr. Vinod Tayade Advocate for the Intervenor / applicant in
Cri. Application No. 358 of 2017
....
CORAM : SMT.V.K.TAHILRAMANI AND
DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : SEPTEMBER 01, 2017 ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI, J.]: 1 Heard the learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel for the Intervenor. 2 The petitioner preferred an application for furlough on 28.10.2016. The said application was rejected on 5.1.2017.
1 of 2 ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:32:45 ::: jdk 2 12.crwp.2383_apw.358.17.j.doc Being aggrieved thereby, he preferred an appeal. The appeal was dismissed by order dated 13.4.2017, hence, this petition. 3 One of the grounds for rejecting the application of the petitioner for furlough was that his appeal is pending before the High Court. By Notification dated 26.8.2016, Rule 4 of the Prisons (Bombay Furlough and Parole) Rules, 1959 has been amended and it has been added therein that the cases where the appeal of the prisoner is pending before the higher Court, no furlough shall be granted to such prisoner. As the appeal preferred by the petitioner is pending before this Court, we cannot find any error in the order of the authorities rejecting the application of the petitioner for furlough. In view of these facts, we are not inclined to interfere, hence, petition is dismissed. Rule is discharged.
4 In view of the disposal of the writ petition, criminal application no. 358 of 2017 does not survive and is disposed of as such.
[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.] kandarkar 2 of 2 ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:32:45 :::