Raju Shantaram Koli vs The Inspector General And Anr
2017 Latest Caselaw 5307 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

            CRIMINAL WRIT PETITION NO.2382 OF 2017


Raju Shantaram Koli                        ......Petitioner
V/s.
The Inspector General
& Anr.                                     .......Respondents


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


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

DATE : July 31, 2017.

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

Heard both sides.

2 The petitioner preferred an application for

furlough on 20.10.2016. The said application was rejected

by order dated 23.1.2017. Being aggrieved thereby,

petitioner preferred an appeal. The appeal was dismissed

by order dated 15.4.2017 hence, this petition.

                                                                          Shivgan



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3                The application of the petitioner for furlough

came to be rejected mainly on the ground that he has been

convicted under Section 376 of IPC. Notification dated

1.12.2015 clearly provides that if prisoner has been

convicted under Section 376 of IPC, he shall not be

released on furlough. As the petitioner has been convicted

under Section 376 of IPC, he cannot be granted furlough.

4 In this view of the matter, we do not find any

error in the order passed by the authorities. Hence, we are

not inclined to interfere.

5                Rule is discharged.




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




                                                                         Shivgan