Gokul Sadashiv Gade vs The State Of Maharashtra
2018 Latest Caselaw 930 Bom

Citation : 2018 Latest Caselaw 930 Bom
Judgement Date : 24 January, 2018

Bombay High Court

Gokul Sadashiv Gade vs The State Of Maharashtra on 24 January, 2018

 jdk                                                  1                                              15.crwp.5310.17.j.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 5310 OF 2017


Gokul Sadashiv Gathe                                                             ]
C/9162,                                                                          ]
Nasik Road Central Prison, Nasik                                                 ].. Petitioner

                    Vs.


The State of Maharashtra                                                         ].. Respondent


                              ....
Mr. Prosper D'Souza Advocate appointed for Petitioner
Mrs. G.P. Mulekar A.P.P. for the State
                              ....


                                        CORAM : SMT.V.K.TAHILRAMANI ACTING C.J.
                                                AND M.S.KARNIK, J.

DATED : JANUARY 24, 2018

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

1                   Heard both sides.



2                   The petitioner preferred an application for furlough on

21.4.2016. The said application was rejected on 20.12.2016.

Being aggrieved thereby, the petitioner preferred an appeal.

The appeal was dismissed by order dated 27.3.2017, hence, this

petition.



                                                                                                    1   of  2





              jdk                                                  2                                              15.crwp.5310.17.j.doc

            3                   The application of the petitioner came to be rejected

on the ground that in view of the Notification dated 1.12.2015,

he is not eligible to be released on furlough. The Notification

states that prisoners who have been convicted under Section

376 of IPC would not be eligible to be released on furlough. It is

an admitted fact that the petitioner has been convicted under

Section 376 of IPC. In this view of the matter, no case is made

out for interference. Hence, Rule is discharged. Petition is

dismissed.

M.S.KARNIK, J. ACTING CHIEF JUSTICE

kandarkar

2 of 2