Petitioner challenged rejection of furlough. Court noted availability of appeal and existing Supreme Court precedent. Directed petitioner to prefer parole application instead.
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jdk 1 11.cri.wp.687.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 687 OF 2015
Bharat Parshuram Bhise
.. Petitioner
Vs.
The State of Maharashtra
.. Respondent
Ms. Harjeet Kaur Bhagwant Singh Advocate for Petitioner Mr. H.J. Dedhia APP for State
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. & DR.SHALINI PHANSALKAR-JOSHI, J. DATED : DECEMBER 21, 2015
ORAL ORDER [PER: SMT. V.K.TAHILRAMANI, ACTING C. J.] :
1 Heard Ms. Harjeet Kaur, the learned counsel for the Petitioner and Mr. Dedhia the learned A.P.P. for the State.
2 Rule. Rule made returnable forthwith. By consent, petition is taken up for final hearing.
3 The petitioner preferred an application for furlough which came to be rejected on 21.11.2014. The case of the petitioner is that he is suffering from H.I.V. and various other medical problems, hence, furlough is being sought. If an application for furlough is rejected, a remedy of appeal is provided. The appellate authroity is the I.G. (Prisons) Western Region, Pune. It is seen that the petitioner has not preferred
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jdk 2 11.cri.wp.687.15.doc
an appeal and has directly preferred this writ petition. The Constitution Bench of the Supreme Court in Thansingh Nathmal Vs. The Supterintendent of Taxes, Dhubri and others, reported in A.I.R. 1964 SC 1419, has held that "when an alternate remedy is available, a writ petition should not be entertained". In this view of the matter, we are not inclined to interfere and the petitioner is relegated to the remedy available to him of appeal.
4 From the documents annexed by the petitioner, it is seen that the petitioner is suffering from H.I.V. and other medical problems. In this view of the matter, it would be appropriate that the petitioner prefers a application for parole. If such application for parole is preferred, the concerned authorities to consider the said application as expeditiously as possible.
5 Writ petition is disposed of with above terms. Rule is discharged.
[ DR. SHALINI PHANSALKAR-JOSHI, J.] [ ACTING CHIEF JUSTICE ]
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kandarkar
1 issue framed by the court
Whether a writ petition should be entertained when an alternate remedy of appeal is available for rejection of furlough application?
Colour shows how this judgement treated each authority
Thansingh Nathmal Vs. The Superintendent of Taxes, Dhubri and othersFollowed¶16
_Thansingh Nathmal Vs. The Supterintendent of Taxes, Dhubri and others,_
A.I.R. 1964 SC 1419Followed¶16
_A.I.R. 1964 SC 1419_
Bharat Parshuram Bhise
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
