Balu Umaji Mane vs The State Of Maharashtra
2017 Latest Caselaw 8781 Bom

                                                                              13. WP 4463-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 4463 OF 2017
       Balu Umaji Mane                                                   ...Petitioner
                    V/s
       The State of Maharashtra                                          ...Respondent
                                     ...........

Mrs. Nasreen S.K. Ayubi, Advocate appointed for the petitioner.

Mrs. G.P. Mulekar, A.P.P. - State.

...........

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

                                  DATE               :      16th NOVEMBER, 2017.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):-

Heard both sides. The petitioner preferred an application

for furlough on 6/2/2017. The said application was rejected by order

dated 5/5/2017. Being aggrieved thereby the petitioner preferred an

appeal. The appeal was dismissed by order dated 31/8/2017, hence

this Petition.

2. One of the reasons for rejecting the application of the

petitioner for furlough is that the appeal preferred by him against his

conviction is pending before the higher Court and he has not been

13. WP 4463-17.doc

granted bail by the said Court. In Notification dated 26/8/2016 it is

provided that the prisoner whose appeal against conviction is

pending before a higher Court and he has not been granted bail in

the said matter, shall not be released on furlough. In view of the

Notification we cannot find any error in the order rejecting the

application of the petitioner for furlough. No case is made out for

interference.

3. Rule is discharged.

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