Dismissed

Maruti Ananda Gosavi v. the State of Maharashtra

Bombay HC4 May 2016WP/1801/2014

Case brief

AI extract

What is this about?

The High Court disposed of a criminal writ petition concerning the rejection of a furlough application. The court found that the petitioner applied before the mandatory two-year interval under prevailing rules for his period of sentence. The application dated February 2016 was granted. The writ was dismissed against subsequent application findings.

What the court decided

AI extract

Maruti Ananda Gosavi Vs the State of Maharashtra — Service and Employment | Bombay HC (2016)

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2b. cri wp 180114.doc

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RMA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1801 OF 2014

Maruti Ananda Gosavi

.. Petitioner

Versus

The State of Maharashtra

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.. Respondent

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Appearances

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Ms. Rohini Dandekar Advocate (appointed) for the Petitioner Mr. H.J. Dedia APP for the State

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CORAM : SMT. V.K. TAHILRAMANI &

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SMT. ANUJA PRABHUDESSAI, JJ.

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DATE : MAY 4, 2016.

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ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :

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Heard both sides.

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Rule. By consent, Rule is made returnable forthwith.

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The grievance of the petitioner is that earlier he had

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been released on furlough, however, thereafter when he preferred an application for furlough, he was not released

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2b. cri wp 180114.doc

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and he was told that his right had extinguished. The latest Jail Chart of the petitioner which is taken on record and marked "X" for identification shows that the petitioner had preferred an application for furlough on 13.4.2010. The said application came to be granted, however, the petitioner did not avail of the furlough leave. Thereafter, the petitioner preferred an application for furlough on 11.5.2011. The said application came to be granted and he was released on furlough on 23.10.2011. He had to report back to the prison on 6.11.2011 which he did.

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Thereafter, the petitioner preferred another application

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for furlough dated 4.2.2012. As far as this application is concerned, the petitioner was told that his right was extinguished and he was informed to apply for fresh furlough leave when due. The petitioner was informed that as he was convicted on 23.4.2008, in the first seven years as per rules, he could avail furlough leave every two years and after completion of seven years of imprisonment, he could avail

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2b. cri wp 180114.doc

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furlough leave every year.

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It is seen that the petitioner was released on furlough

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on 23.10.2011 pursuant to his application for furlough dated 11.5.2011. The next application of the petitioner for furlough is dated 4.2.2012 which is before two years of earlier application. In view of the rules, it is clear that in the first seven years, a convict can be released on furlough every two years and not every year, hence, the application of the petitioner for furlough dated 4.2.2012 could not have been allowed. We cannot find any fault with the Authorities for not considering the application dated 4.2.2012.

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It is seen that thereafter the petitioner preferred another application for furlough on 10.2.2016 and the said application has been granted. Pursuant to the order granting this application for furlough, the petitioner was released on furlough on 30.4.2016 and as of today, he is on furlough.

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2b. cri wp 180114.doc

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In view of above, we are not inclined to interfere. Rule

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is discharged.

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[ SMT. ANUJA PRABHUDESSAI, J ] [ SMT. V.K. TAHILRAMANI, J. ]

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4 of 4

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Maruti Ananda Gosavi v. the State of Maharashtra

Case brief

What is this about?

What the court decided

Maruti Ananda Gosavi v. the State of Maharashtra

Case brief

What is this about?

What the court decided

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