Vitthal Annappa Hubale vs The State Of Maharashtra
2017 Latest Caselaw 8120 Bom

                                                                            13. wp 3759.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                                CRIMINAL WRIT PETITION NO. 3759  OF 2017
                                         (Through Jail)

                 Vitthal Annappa Hubale                        .. Petitioner
                       Vs.
                 The State of Maharashtra                     .. Respondent

                 Mr.Prosper D'Souza, for the Petitioner.
                 Mr.Arfan Sait, APP  for State.


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

12th OCTOBER, 2017

ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI, J.) :

1. Heard both sides.

2. The petitioner preferred an application for furlough

on 08/10/2016. The said application came to be rejected by

order dated 07/10/2017. Being aggrieved thereby, the

petitioner preferred an Appeal. The Appeal was dismissed by

order dated 06/07/2017. Hence, this Petition.

13. wp 3759.17.doc

3. The application of the petitioner for furlough came

to be rejected on the ground that his Appeal is pending before

the higher forum. The notification dated 26/08/2016 stipulates

that if the Appeal of the prisoner is pending, he will not eligible

to be released on furlough or parole. In view of this fact, we

cannot find any error in the orders dated 07/02/2017 and

06/07/2017. Thus, no case is made out for any interference.

Rule is discharged.

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