Balkrishna Laxman Mhatre vs The State Of Maharashtra
2017 Latest Caselaw 9072 Bom

Citation : 2017 Latest Caselaw 9072 Bom
Judgement Date : 27 November, 2017

Bombay High Court

Balkrishna Laxman Mhatre vs The State Of Maharashtra on 27 November, 2017

Bench: V.K. Tahilramani

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 4305 OF 2017

Balkrishna Laxman Mhatre                                                         ]
C/7037                                                                           ]
Nasik Road Central Prison, Nasik                                                 ].. Petitioner

                    Vs.

The State of Maharashtra                                                         ].. Respondent


                             ....
Mrs. Nasreen S.K.Ayubi 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

17.12.2016. 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 1.9.2017,

hence, this petition.



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            3                   One of the grounds for rejecting the application of the

petitioner for furlough is that the appeal preferred by the

petitioner against his conviction and sentence is pending before

this 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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