Vijay Istriwala Ramdulari Nirmal vs The State Of Maharashtra
2017 Latest Caselaw 8826 Bom

                                                                                     8. cri wp 4464-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL WRIT PETITION NO. 4464 OF 2017


            Vijay Istriwala Ramdulari Nirmal                                .. Petitioner

                                 Versus
            The State of Maharashtra                                        .. Respondent

                                                    ...................
            Appearances
            Mrs. Nasreren S.K. Ayubi Advocate (appointed) for the Petitioner
            Mrs. G.P. Mulekar        APP for the State
                                                     ...................



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

DATE : NOVEMBER 17, 2017.

ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. The petitioner has preferred an application for furlough

on 4.2.2017. The said application was rejected on

20.4.2017. Being aggrieved thereby, the petitioner preferred

an appeal. The appeal came to be dismissed by order dated

10.8.2017, hence, this petition.

            jfoanz vkacsjdj                                                                      1 of 2





                                                                8. cri wp 4464-17.doc

3. The application of the petitioner for furlough came to

be rejected in view of the fact that the appeal preferred by

him against his conviction and sentence is pending before

the Supreme Court.

4. By Notification dated 26.8.2016, there is an

amendment to the furlough rules. This amendment states

that if the appeal preferred by a prisoner is pending before

the higher Court and bail is not granted by the higher Court

in the said matter, then furlough leave cannot be granted to

such prisoner. In view of this legal position, it is not possible

for us to interfere. Rule is discharged.

[ M.S. KARNIK, J ]                      [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                            2 of 2