Vijay Ramdulare Nirmal vs The State Of Maharashtra
2017 Latest Caselaw 9793 Bom

                                                                                  2a. cri wp 4857-17.doc


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

                          CRIMINAL WRIT PETITION NO. 4857 OF 2017


            Vijay Ramdulare Nirmal                                        .. Petitioner

                                 Versus
            The State of Maharashtra                                      .. Respondent

                                                  ...................
            Appearances
            Mr. Prosper D'Souza Advocate (appointed) for the Petitioner
            Mr. Arfan Sait      APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI, Acting C.J. &
                                              M.S. KARNIK, J.

DATE : DECEMBER 19, 2017.

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

1. Heard both sides.

2. Rule. Rule is made returnable forthwith and the matter

is heard finally by consent of the parties.

3. Through this petition, the petitioner has prayed for

furlough.

            jfoanz vkacsjdj                                                                    1 of 3





                                                           2a. cri wp 4857-17.doc

4. The record shows that the petitioner had preferred an

application for furlough on 4.2.2017. The said application

was rejected on 20.4.2017. Being aggrieved thereby, the

petitioner preferred an appeal. The appeal came to be

dismissed by order dated 10.8.2017. Being aggrieved

thereby, the petitioner preferred Cri. Writ Petition No. 4464

of 2017. The said Writ Petition came to be rejected by order

dated 17.11.2017, however, it is seen that in the meantime,

the petitioner preferred the present petition on 2.11.2017

wherein he has again prayed for furlough.

5. It is seen that on the date when the petitioner preferred

the present petition, the earlier petition i.e Cri. Writ Petition

No. 4464 of 2017 seeking the very same relief was pending.

However, as the prayer for furlough has already been

considered and rejected in the said Writ Petition by order

dated 17.11.2017, it is not possible for us to grant the relief

prayed for in this petition, hence, Rule is discharged.

jfoanz vkacsjdj                                                        2 of 3





                                                            2a. cri wp 4857-17.doc

6. Office to communicate this order to the petitioner who

is in Nasik Road Central Prison.

[ M.S. KARNIK, J ]                    [ ACTING CHIEF JUSTICE ]




jfoanz vkacsjdj                                                         3 of 3