Ukappa Devdas Kunchikorve vs The State Of Maharashtra
2017 Latest Caselaw 6708 Bom

 jdk                                            1                                         12.crwp.2383_apw.358.17.j.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 2383 OF 2017
                                  WITH
                    CRI. APPLICATION NO. 358 OF 2017
                                    IN
                        CRI. W.P.NO. 2383 OF 2017

Dinesh @ Saifan Sunkappa                                                        ]
Kunchikorve                                                                     ]
Age about 29 years, Occ:                                                        ]
At present in                                                                   ]
Kolhapur Central Prison,                                                        ]
Kolhapur as Convict -5732                                                       ].. Petitioner

                    Vs.

The State of Maharashtra                                                        ]
and its functionaries D.I.G. /                                                  ]
I.G. and home Deptt.                                                            ].. Respondent


                              ....
Ms. Rohini Dandekar Advocate appointed for the Petitioner
Mrs. G.P.Mulekar A.P.P. for the State
Mr. Vinod Tayade Advocate for the Intervenor / applicant in
Cri. Application No. 358 of 2017
                              ....

                    CORAM : SMT.V.K.TAHILRAMANI AND
                            DR.SHALINI PHANSALKAR-JOSHI, JJ.

DATED : SEPTEMBER 01, 2017

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

1 Heard the learned counsel for the petitioner, learned

A.P.P. for the State and the learned counsel for the Intervenor.

2 The petitioner preferred an application for furlough on

28.10.2016. The said application was rejected on 5.1.2017.

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Being aggrieved thereby, he preferred an appeal. The appeal

was dismissed by order dated 13.4.2017, hence, this petition.

3 One of the grounds for rejecting the application of the

petitioner for furlough was that his appeal is pending before the

High Court. By Notification dated 26.8.2016, Rule 4 of the

Prisons (Bombay Furlough and Parole) Rules, 1959 has been

amended and it has been added therein that the cases where

the appeal of the prisoner is pending before the higher Court,

no furlough shall be granted to such prisoner. As the appeal

preferred by the petitioner is pending before this Court, we

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

application of the petitioner for furlough. In view of these facts,

we are not inclined to interfere, hence, petition is dismissed.

Rule is discharged.

4 In view of the disposal of the writ petition, criminal

application no. 358 of 2017 does not survive and is disposed of

as such.

[DR.SHALINI PHANSALKAR-JOSHI,J.] [ SMT.V.K.TAHILRAMANI, J.]

kandarkar

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