Gajanan Hiru Khaire vs The State Of Maharashtra
2017 Latest Caselaw 9071 Bom

 jdk                                                1                                              21.crwp.4260.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 4260 OF 2017

Gajanan Hiru Khaire                                                              ]
C/10515                                                                          ]
Nasik Road Central Prison, Nasik                                                 ].. Petitioner

                    Vs.

The State of Maharashtra                                                         ].. Respondent


                             ....
Ms. Rohini Dandekar Advocate appointed for Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
                             ....


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

                                        DATED : NOVEMBER                               27, 2017


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

1                   Heard both sides.



2                   The petitioner preferred an application for furlough on

1.12.2016. The said application was rejected by order dated

3.4.2017. Being aggrieved thereby, the petitioner preferred an

appeal. The appeal was dismissed by order dated 5.8.2017,

hence, this petition.

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            3                   The application of the                                    petitioner for furlough is

            rejected on the ground that                                           the appeal preferred by the

petitioner against his conviction and sentence is pending before

the Supreme Court. In Notification dated 26.8.2016 it is

provided that if the appeal of the prisoner is pending before a

higher Court and he has not been granted bail by the said Court,

in such case, furlough cannot be granted to such prisoner.

Looking to these facts, we are not inclined to interfere, hence,

Rule is discharged. Petition is dismissed.

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

kandarkar

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