Single judge disposal rejecting recourse to High Court. Furlough application dismissed because petitioner did not serve requisite one year in prison, rendering eligibility incomplete under Bombay Furlough Rules.
Petition dismissed; rule discharged; office to communicate order; fees awarded to advocate.
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RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1853 OF 2016
Rahul @ Tukaram Bharmu Naik
.. Petitioner
Versus
The State of Maharashtra
.. Respondent
Appearances
| Ms. Rohini Dandekar | Advocate (appointed) for the Petitioner |
|---|---|
| Mrs. A.S. Pai | APP for the State |
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ.
DATE : JUNE 30, 2016.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
18.11.2015. The said application was rejected on 25.1.2016.
Being aggrieved thereby, the petitioner preferred an appeal.
The appeal was dismissed by order dated 17.2.2016.
jfoanz vkacsjdj 1 of 3
Dongri Police Station, Mumbai and sentenced to a maximum imprisonment of three years. As the petitioner was sentenced to maximum imprisonment of three years, the petitioner would be eligible to grant furlough after he completed one year of actual imprisonment. On the date when the application of the petitioner for furlough was rejected, the petitioner had not completed one year of actual imprisonment.
completing one year of actual imprisonment. As the petitioner had not completed one year of actual imprisonment, we are not inclined to interfere, hence, Rule is discharged.
jfoanz vkacsjdj 2 of 3
is in Nashik Road Central Prison.
quantified at Rs. 2500/-.
jfoanz vkacsjdj 3 of 3
1 issue framed by the court
Whether the High Court should interfere with the rejection of the petitioner's appeal against rejection of furlough application due to incomplete service of one year of imprisonment.
Rahul @ Tukaram Bharmu Naik
The State of Maharashtra
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
