Sudam Ramnath Shelke vs The State Of Maharashtra
2023 Latest Caselaw 943 Bom

CAJ                                                                53-Wp-5242-2018.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                         CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO.5242 OF 2018
                                    WITH
                 CRIMINAL APPLICATION (APPW) NO.207 OF 2019

Sudam Ramnath Shelke                                           ... Petitioner

         V/s.
The State Of Maharashtra                                       ... Respondent


Mr. Irfan A Shaikh Appointed Advocate for Petitioner.
Mrs. M. H. Mhatre APP for Respondent-State.


                                          CORAM : A.S. GADKARI AND
                                                  PRAKASH D. NAIK, JJ.

                                          DATE      : 30th JANUARY, 2023.
P.C. :

1. Application of Petitioner for furlough leave dated 10 th January,

2018 has been rejected by Competent Authority by its Order dated 12 th

June, 2018. The Appellate Authority has rejected Appeal of Petitioner by its

impugned Order dated 17th September, 2018. It is a fact on record that,

Petitioner has been convicted under Section 376(2)(f) of the Indian Penal

Code and has been sentenced to undergo life imprisonment by the Trial

Court. Criminal Appeal No. 803 of 2016 has been dismissed by the Co-

Ordinate Bench by its Judgment and Order dated 19 th October, 2020. The

victim in the present crime was aged about 4 years and was residing

opposite the house of Appellant.

2. In view thereof and after taking into consideration the said

Affidavit, both the Authorities also have passed impugned Orders rejecting

CAJ 53-Wp-5242-2018.odt

the Application of Applicant for furlough leave under Rule 4(13) of the

Prisons (Bombay Furlough and Parole) Rules, 1959.

3. After perusing entire record we are of the view that, both

Authorities below have not committed any error in passing the said Orders.

Petition is accordingly dismissed.

4. In view of disposal of Petition, Criminal Application (Appw)

No.207 of 2019 does not survive and is also disposed off.

       (PRAKASH D. NAIK, J.)                                (A.S. GADKARI, J.)