Indin @ Moiddin Sayyad Ali Shaikh vs The State Of Maharashtra And Ors
2017 Latest Caselaw 7800 Bom

                                         1          CR.WP.3217/2017(29)

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION

             CRIMINAL WRIT PETITION NO.3217 OF 2017


Indin @ Moiddin Sayyad Ali Shaikh        ...Petitioner
                Vs.
The State of Maharashtra & Ors.          ...Respondents


Mr. D.G.Khamkar, Advocate for the Petitioner 
Mr. Arfan S. A.P.P for the State

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

DATED :4TH OCTOBER, 2017

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

1. Heard both sides.

2. The Petitioner preferred an application for furlough on 11 th

January, 2017. The said application was rejected by order dated

23rd March, 2017. Being aggrieved thereby the Petitioner

preferred an appeal. The appeal was dismissed by order dated

9th June, 2017, hence this Petition.

2 CR.WP.3217/2017(29)

3. The application of the Petitioner for furlough was rejected

only on one ground that is the appeal preferred by the Petitioner

is pending. However the appellate order makes no reference to

this ground of rejection and the appeal has been dismissed on

totally different grounds. The ground on which the application

for furlough was rejected is not at all one of the grounds for

dismissing the appeal. Both the orders are totally inconsistent

with each other, in this view of the matter both the orders dated

23rd March, 2017 and 9th June 2017 are set aside. The

application of the Petitioner for furlough be considered afresh by

both the authorities within a period of 6 weeks from date of

communication of this order.

4. Rule is made absolute in above terms.

(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)