Sikandar Nizam Pinjari vs The State Of Maharashtra
2017 Latest Caselaw 7104 Bom

Dixit
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CRIMINAL APPELLATE JURISDICTION

                         CRIMINAL WRIT PETITION NO.3051 OF 2017

        Sikandar Nizam Pinjari (Through Jail)               ....       Petitioner
               Versus
        The State of Maharashtra                            ....       Respondent

Ms. Rohini M. Dandekar, Appointed Advocate, for the Petitioner. Mr. Arfan Sait, A.P.P., for the Respondent-State.

CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 13TH SEPTEMBER, 2017.

ORAL JUDGMENT : [ Per Smt. V.K. Tahilramani, J.]

1. Heard both sides.

2. The Petitioner preferred an application for furlough on 19 th May

2016. The said application was rejected by order dated 7 th February

2017. Being aggrieved thereby, the Petitioner preferred an Appeal.

The Appeal was dismissed by order dated 26 th May 2017; hence this

Petition.

WP-3051-17.doc

3. The application of the Petitioner for furlough came to be

rejected mainly on the ground that he has been convicted under

Section 376(2)(c) of IPC and as per the Notification dated 1 st

December 2015, the prisoners, who are seeking furlough and have

been convicted for the offence of rape, are not entitled to be released

on furlough.

4. As stated earlier, the Petitioner has been convicted for the

offence under Section 376 of IPC. Hence, we cannot find any fault

with the authorities for rejecting application of the Petitioner for

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

dismissed.

5. Rule is discharged.

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

WP-3051-17.doc