Vijay Mahadu Mane vs The State Of Maharashtra
2017 Latest Caselaw 8690 Bom

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Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                              CRIMINAL WRIT PETITION NO. 4051 OF 2017

                 Vijay Mahadu Mane                         .. Petitioner
                       Vs.
                 The State of Maharashtra                  .. Respondent

                 Mr.Prosper D'Souza, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


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

14th NOVEMBER, 2017

ORAL JUDGMENT ( SMT.

V .K.TAHILRAMANI, J.) :

1. Heard both sides.

2. The petitioner preferred an application for furlough

on 09/12/2016. The said application was rejected by order

dated 03/04/2017. Being aggrieved thereby, the petitioner

preferred Appeal. Appeal was dismissed by order dated

07/08/2017. Hence, this Petition.

3. One of the grounds for rejecting the application of

26. wp 4051.17.doc

the petitioner for furlough is that the Appeal against the

conviction of the petitioner is pending before the higher forum

i.e. Supreme Court.

4. Notification dated 26/08/2016 provides that if any

Appeal preferred by the prisoner against his conviction is

pending before the higher Court in which bail has not been

granted, then in such case, furlough cannot be granted to such

prisoner. In view of these facts, we are not inclined to interfere,

hence, Rule is discharged. Office to communicate this order to

the petitioner who is in Nashik Road Central Prison.

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