Kishor Balkrishna Mhatre vs The State Of Maharashtra
2016 Latest Caselaw 5589 Bom

     jdk                                                  1                                              9.crwp.3167.16.j.doc




                                                                                                                        
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION
                    CRIMINAL WRIT PETITION NO. 3167 OF 2016




                                                                                              
    Kishor Balkrishna Mhatre                                                        ]
    C/7036, presently lodged in                                                     ]
    Nashik Road Central Prison, Nashik                                              ].. Petitioner




                                                                                             
                        Vs.

    The State of Maharashtra                                                        ..Respondent




                                                                         
                                  ....        
    Mr. Prosper D'Souza Advocate appointed for Petitioner
    Mr. H.J. Dedia A.P.P. for the State
                                  ....
                                             
                                            CORAM : SMT.V.K.TAHILRAMANI AND
                                                    MRS. MRIDULA BHATKAR, JJ.

DATED : SEPTEMBER 26, 2016

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

    1                   Heard both sides.





    2                   The petitioner is a life convict.                                         The prayer of the





    petitioner is that he be released on furlough.                                                          The petitioner

preferred an application on 4.2.2016 for furlough, however, the

petitioner was told that his application is being `filed' and he

should apply again when the right to be

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jdk 2 9.crwp.3167.16.j.doc

releas7.crwp.3207.16ed on furlough accrues in his favour.

Being aggrieved by this order, this petition has been preferred.

3 It is an admitted fact that the petitioner was released

on furlough on 6.5.2016 till 4.6.2016 by order dated 4.4.2016.

Rule 3 of the Prisons (Bombay Furlough and Parole) Rules,

1959 has been amended by Notification dated 1.12.2015. Rule

3(C)(3) of the said Rules states that a prisoner shall become

eligible for subsequent releases on furlough after completion of

six months of actual imprisonment from the date of last return

from furlough. As the petitioner was released on furlough on

6.5.2016 and he returned back to the prison on 4.6.2016, at

present, the petitioner is not be eligible to be released on

furlough and he will become eligible to be

relea7.crwp.3207.16sed on furlough only after he completes

six months of actual imprisonment from 4.6.2016. In this view

of the matter, we are not inclined to interfere and as and when

the petitioner completes six months of actual imprisonment

from 4.6.2016, he should make a fresh application for being

released on furlough.

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              jdk                                                  3                                              9.crwp.3167.16.j.doc

            4                   In view of the above, Rule is discharged. Petition is




                                                                                                                              
            dismissed.




                                                                                                      
            5                   Office to communicate this order to the petitioner

who is in Nashik Road Central Prison, Nashik.

6 We quantify legal fees to be paid to the appointed

advocate at Rs.2500/-.

[ MRS. MRIDULA BHATKAR, J.] [ SMT. V.K.TAHILRAMANI,J. ]

kandarkar

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