Janardan Baban Bhopi vs The State Of Maharashtra
2016 Latest Caselaw 7492 Bom

     jdk                                                   1                                              9.crwp.3878.16.j.doc




                                                                                                                      
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION




                                                                                              
                       CRIMINAL WRIT PETITION NO. 3878 OF 2016

    Janardan Baban Bhopi                                                            ]
    C-10347, Nasik Road Central Prison,                                             ]




                                                                                             
    Nasik                                                                           ].. Petitioner

                        Vs.

    The State of Maharashtra                                                        ].. Respondent




                                                                         
                                 ....
                                              
    Mrs. Nasreen S.K. Ayubi Advocate appointed for Petitioner
    Mr. H.J. Dedia APP for State
                                             
                                 ....

                                 CORAM : SMT.V.K.TAHILRAMANI &
                                         DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATED : DECEMBER 20, 2016

ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI,J.] :

    1                   Heard both sides.





    2                   The petitioner preferred an application for furlough on

23.1.2016. The application was rejected by order dated

18.5.2016. Being aggrieved thereby, the petitioner preferred

an appeal. The appeal was dismissed by order dated 9.9.2016,

hence, this petition.

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            3                   The application of the petitioner for furlough came to

be rejected on the ground that police report was adverse and

the petitioner is involved in a case of double murder. In

addition, it is apprehended that if the petitioner is released on

furlough, there would be danger to the life of the complainant

and witnesses. The learned A.P.P. has relied on the statements

of Shri. Ramchandra Meher and Swati Sitare who state that if

the petitioner is released, there would be danger to their life.

Ramchandra has stated that he is the nephew of the petitioner

and if the petitioner is released, there is danger to his life as

well as life of his wife Vanita and Son Rupesh. Ramchandra is

the complainant in the case in which the petitioner has been

convicted in a double murder case. In view of the above facts,

we are not inclined to interfere. Rule is discharged. Petition is

dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ SMT.V.K.TAHILRAMANI,J. ]

kandarkar

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