Kamal Mayaram Kanojia vs The State Of Maharashtra
2017 Latest Caselaw 4489 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO.2086 OF 2017


Kamal Mayaram Kanojia                             ......Petitioner
V/s.
The State of Maharashtra                          .......Respondent


Mr. Prosper D'Souza, Advocate appointed for Petitioner.
Mr. H.J.Dedhia, APP for Respondent-State.


                          CORAM : SMT. V.K. TAHILRAMANI, &
                                  SANDEEP K. SHINDE, JJ.

DATE : July 13, 2017.

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

The petitioner preferred an application for

furlough on 21.7.2014 as the petitioner wants to avail

furlough in the state of UP, report was called from UP. After

considerable delay, report was received from UP Police.

Thereafter, application of the petitioner for furlough came

to be rejected by order dated 30.11.2016. Being aggrieved

thereby, petitioner preferred an appeal which was

dismissed by order dated 8.3.2017 hence, this petition.

                                                                           Shivgan



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2                Application of the petitioner for furlough came to

be rejected in view of the fact that he was convicted of the

offence punishable under Section 392 and 394 of IPC. Rule

4(2) of the Prisons (Bombay Furlough and Parole) Rules,

1959 provides that prisoner convicted of offences under

Sections 392 to 402 of IPC will not be considered for

release on furlough. In view of Rule 4(2), no error can be

found in the order of the authority rejecting application for

furlough hence, rule is discharged.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)

Shivgan