Umesh Gajanan Patil vs The State Of Maharashtra
2017 Latest Caselaw 8000 Bom

                                                                             (27) WP 3383-17.doc

DDR

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CRIMINAL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 3383 OF 2017
       Umesh Gajanan Patil                                               ...Petitioner

             vs.
       The State of Maharashtra                                          ...Respondent

                                    ...........

Ms. Rohini M. Dandekar, 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 26/11/2016. The said application was rejected by

order dated 7/4/2017. Being aggrieved thereby the petitioner

preferred an appeal. The appeal was dismissed by order dated

11/8/2017, hence this petition.

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

petitioner for furlough is that he was convicted for the offence under

(27) WP 3383-17.doc

Section 376 of the Indian Penal Code i.e. rape. As per Notification

dated 1st December, 2015, the prisoners who are convicted for the

offence of "rape" are not eligible to be granted furlough. Hence, we

cannot find any error in the order rejecting the application of the

petitioner for furlough. Hence, no case is made out for interference.

Rule is discharged.

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