Krishna Kashinath Zanzane vs The State Of Maharashtra And Ors
2017 Latest Caselaw 9085 Bom

 jdk                                               1                                              24.crwp.4484.17.j.doc



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                     CRIMINAL W.P.NO. 4484 OF 2017

Krishna Kashinath Zanzane                                                        ]
Age 60 years, residing at                                                        ]
Municipal Post Aakluj,                                                           ]
Sangram Nagar, 65, Behind Bangla                                                 ]
School, Aarve Plot, Taluka Malshiras                                             ]
Dist. Solapur - 413101                                                           ]
At presently lodged in Yerawada                                                  ]
Central Prison as Prisoner No.6695                                               ]
Circle No.3, Barrack No.6, Yerawada                                              ]
Pune-411006                                                                      ].. Petitioner

     1) State of Maharashtra                                                     ]
        (Through the office of Public                                            ]
        Prosecutor)                                                              ]
     2) The Inspector General of Prison                                          ]
        Western Zone, Pune                                                       ]
     3) The Deputy Inspector General                                             ]
        of Prison, Western Zone, Pune                                            ]
     4) The Superintendent,                                                      ]
        Yerawada Central Prison, Pune                                            ]
     5) The Senior Inspector of Police,                                          ]
        Aakluj Police Station,                                                   ]
        Taluka Malshiras, Dist. Solapur                                          ]
        PIN 413101                                                               ].. Respondents


                              ....
Mrs. Harjeet Kaur Bhagwant Singh Advocate 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



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

1                   Heard both sides.



2                   The petitioner preferred an application for furlough on

2.2.2017. The said application was rejected by order dated

22.8.2017. Being aggrieved thereby, the petitioner has

preferred the present petition.

3 If an application for furlough is rejected, remedy of

appeal is provided. It is seen that the petitioner has not

preferred an appeal and has directly preferred this writ petition.

The Constitution Bench of the Supreme Court in Thansingh

Nathmal Vs. The Superintendent of Taxes, Dhubri and

others, reported in A.I.R. 1964 SC 1419, has held that "when

an alternate remedy is available, a writ petition should not be

entertained". In this view of the matter, we are not inclined to

interfere and the petitioner is relegated to the remedy available

to him of appeal. If any appeal is preferred by the petitioner

against the order of rejection, the said appeal to be disposed of

as expeditiously as possible and preferably within a period of

four weeks from the date of filing of such appeal.

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              jdk                                               3                                              24.crwp.4484.17.j.doc



            4                   Writ petition is disposed of in above terms.                                                 Rule is

            discharged.



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

kandarkar




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