Mohammad Raees Shehjade Ansari vs The State Of Maharashtra
2017 Latest Caselaw 6493 Bom

Dixit
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL WRIT PETITION NO.2992 OF 2017

        Mohammad Raees Shehjade Ansari (Through Jail) .... Petitioner
                Versus
        The State of Maharashtra                      .... Respondent

Mr. Prosper D'Souza, Appointed Advocate, for the Petitioner. Mrs. G.P. Mulekar, A.P.P., for the Respondent-State.

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

DATE : 23RD AUGUST, 2017.

ORAL JUDGMENT : [Per Smt. V.K. Tahilramani, J.]

1. Heard both sides.

2. The case of the Petitioner is that he preferred an application for

furlough on 29th December 2016 and the said application has not

been decided. The learned A.P.P. pointed out that as the Police

Report was not received, the application of the Petitioner for furlough

could not be decided. The Police Report was received yesterday, i.e.

22nd August 2017, and the application of the Petitioner came to be

rejected yesterday.

WP-2992-17.doc

3. Against the order of rejection, the Petitioner has remedy of

preferring an Appeal. Hence, we are not inclined to interfere and the

Petitioner is relegated to that remedy.

4. In addition, it is seen that the Petitioner has prayed that this

Court may give direction that Appeal against rejection of furlough can

be preferred directly to the High Court. When there is a provision for

Appeal, the said provision has to be followed and it is not possible

for this Court to give any such direction. Thus, we are not inclined to

interfere. Writ Petition is dismissed. Rule is discharged.

5. Office to communicate this order to the Petitioner, who is in

Aurangabad Central Prison, Aurangabad.

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

WP-2992-17.doc