Narayan Pandurang Madhvi vs The Commissioner Of Police ...
2017 Latest Caselaw 8782 Bom

                                                                               9. WP 4138-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 4138 OF 2017
       Narayan Pandurang Madhvi                         ...Petitioner
                  V/s
       The Commissioner of Police through
       Superintendent of Central Prison                 ...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 25/11/2016. The said application was rejected by

order dated 14/2/2017. Being aggrieved thereby the petitioner

preferred an appeal. The appeal was dismissed by order dated

12/7/2017, 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

9. WP 4138-17.doc

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

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.)