Nandu Savlaram Bhoir vs The State Of Maharashtra
2017 Latest Caselaw 7999 Bom

                                                                             (24) WP 3380-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 3380 OF 2017
       Nandu Savlaram Bhoir                                              ...Petitioner

             vs.
       The State of Maharashtra                                          ...Respondent

                                     ...........

Mr. Prosper D'Souza, Advocate appointed for the petitioner.

Mrs. G.P. Mulekar, A.P.P. - State.

...........

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

                                  DATE               :      10th October, 2017.

ORAL JUDGMENT (PER SMT. V.K. TAHILRAMANI, J.):-

Heard both sides. The petitioner preferred an application

for furlough on 16/11/2016. The said application was rejected by

order dated 17/2/2017. Being aggrieved thereby the petitioner

preferred an appeal. The appeal was dismissed by order dated

28/6/2017, hence this petition.

2. One of the reasons for rejecting the application of the

petitioner for furlough is that his appeal is pending before this Court.

(24) WP 3380-17.doc

As per Notification dated 26/8/2016, the prisoner whose appeal is

pending before higher Forum is not entitled to be released on

furlough. As stated earlier, the appeal of the petitioner is pending

before this Court hence, we cannot find any error in the order

rejecting the application of the petitioner for furlough. No case is

made out for interference. Rule is discharged.

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