Tanaji Bhikaji Gawde vs The State Of Maharashtra
2018 Latest Caselaw 935 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                CRIMINAL WRIT PETITION NO. 5294 OF 2017

Convict No. C-5091                                                               ]
Tanaji Bhikaji Gawade                                                            ]
At present lodged in Kolhapur                                                    ]
Central Prison, Kalamba, Kolhapur                                                ].. Petitioner

                    Vs.

The State of Maharashtra                                                         ].. Respondent


                             ....
Ms. Rohini Dandekar 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 Rule. By consent, Rule is made returnable forthwith

and matter is heard finally.

2 The petitioner preferred an application for furlough on

17.1.2017. The said application was rejected on 17.4.2017.

Being aggrieved thereby, the petitioner preferred an appeal.

The appeal was dismissed by order dated 9.10.2017, hence, this

petition.

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            3                   It is seen that the application of the petitioner for

furlough came to be rejected on the ground that the appeal

preferred by him against his conviction and sentence is

pending. In Notification dated 26.8.2016, it is provided that if

the appeal preferred by the petitioner against his conviction and

sentence is pending before the higher forum, the petitioner

would not be eligible to be released on furlough. In this view of

the matter, no case is made out for interference. Petition is

dismissed. Rule is discharged.

M.S.KARNIK, J. ACTING CHIEF JUSTICE

kandarkar

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