Bandya Lahu Naik vs The State Of Maharashtra
2017 Latest Caselaw 8548 Bom

                                                                             27.wp 3932.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL WRIT PETITION NO. 3932 OF 2017

                 Bandya Lahu Naik                              .. Petitioner
                      Vs.
                 The State of Maharashtra                      .. Respondent

                 Mrs.Nasreen S.K.Ayubi, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                               CORAM : SMT. V.K.TAHILRAMANI &
                                                              M.S.KARNIK, JJ.

08th NOVEMBER, 2017

ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI, J. ):

1. Heard both sides.

2. The petitioner preferred an application for furlough

on 16/11/21016. The said application was rejected by order

dated 17/02/2017. Being aggrieved thereby, the petitioner

preferred an Appeal. The Appeal came to be dismissed by order

dated 07/07/2017. Hence, this Petition.

27.wp 3932.17.doc

3. The said application came to be rejected in view of

the notification dated 26/08/2016 which states that if any

Appeal against the conviction is pending before the higher Court

in which bail has not been granted by the said Court, furlough

cannot be granted to the said prisoner. In view of the said rule,

we cannot find any fault with the authorities for rejecting

application of the petitioner of furlough.

4. Rule is discharged. Office to communicate this order

to the petitioner who is in Kolhapur Central Prison, Kalamba.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.)