Pandharinath Babu Mhatre vs The State Of Maharashtra
2017 Latest Caselaw 8124 Bom

                                                                             16. wp 3764.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION NO. 3764 OF 2017

                 Pandharinath Babu Mhatre                         .. 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 05/11/2016. The said application was rejected by order

dated 20/04/2017. Being aggrieved thereby, the petitioner

preferred an Appeal. The said Appeal was dismissed by order

dated 02/08/2017. Hence, this Petition.

16. wp 3764.17.doc

3. The application of the petitioner came to be rejected

on the ground that the Appeal preferred by the petitioner

against his conviction and sentence is pending before this Court.

Notification dated 26/08/2016 states that a prisoner whose

appeals against conviction are pending before the higher forum

cannot be released on parole or furlough. In view of the

notification, no error can be found in the orders dated

20/04/2017 and 02/08/2017. Thus, no case is made out for

interference. Rule is discharged.

4. Office to communicate this order to the petitioner

who is in Nashik Road Central Prison.

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