Dismissed

Shahjad Ahamad Tashrif Khan v. the State of Maharashtra

Bombay HC15 Jun 2016WP/1854/2016

Case brief

AI extract

What is this about?

In this criminal writ petition, the petitioner, a prisoner on furlough, sought an extension beyond the maximum allowable period. The court held that the extension would violate Rule 3 of Chapter XXXVII of The Prisons (Bombay Furlough and Parole) Rules, 1959, and discharged the writ.

What did the court decide?

Furlough period could not be extended further; Rule 3 maximum limit exhausted.

Shahjad Ahamad Tashrif Khan Vs the State of… — Writ and Judicial Review | Bombay HC (2016)

¶1

Sherla V.

¶2

wp.1854.2016_17(2).doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL WRIT PETITION NO.1854 OF 2016

¶5

Shahjad Ahamad Tashrif Khan ... Petitioner Vs. The State of Maharashtra ... Respondent

¶6

None for the Petitioner Mrs.U.V. Kejriwal, APP, for Respondent – State

¶7

CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.

¶8

DATE: JUNE 15, 2016

¶9

P.C.:

¶10

Heard both sides.

¶11

Rule. By consent, Rule is made returnable forthwith.

¶12

The petitioner had preferred an application for furlough. The said application came to be granted and the petitioner was released on 22.9.2015 on furlough for a period of 21 days. The petitioner did not report back in time but he reported after 14 days. In the meanwhile, the petitioner preferred an application for extension of furlough for 14 days. However, he was granted extension of furlough by a period of 7 days. The petitioner is now seeking that the furlough period be extended by a further period of 7 days.

¶13

1 / 2

¶14

wp.1854.2016_17(2).doc

¶15

Rule 3 of Chapter XXXVII of The Prisons (Bombay Furlough and Parole) Rules, 1959 sets out when a prisoner may be granted furlough. These rules were amended by notification dated 1.12.2015. Earlier, the prisoner was granted furlough for 14 days and extension was granted upto a maximum period of 14 days. However, by notification dated 1.12.2015, when a prisoner is released on furlough, he is released for the period upto 21 days. Rule 3 of Chapter XXXVII of The Prisons (Bombay Furlough and Parole) Rules, 1959 sets out the period that a prisoner may be released on furlough. The Rule states that the prisoner can be released on furlough only for a maximum period of 28 days at a time.

¶16

In this view of the matter, when the petitioner was granted furlough of 21 days and extension of furlough by a period of 7 days, no further extension could be granted to the petitioner. Hence, no case is made out for interference. Rule is discharged.

¶17

Fees to be paid to the appointed advocate are quantified at Rs.2,000/-.

¶18

(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.)

¶19

2 / 2

Shahjad Ahamad Tashrif Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shahjad Ahamad Tashrif Khan v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjay Sadubhau Dalvi Vs the State of Maharashtra

Sudhakar Rajaram Mane Vs the State of Maharashtra

Ehsan Mohammed Tufil Mohammed Qureshi Vs the State of Maharashtra and Ors.

Emile Jerome Vs the State of Maharashtra

Ramesh Ramprasad Maurya Vs the State of Maharashtra

State of Maharashtra Vs Maharashtra Vinaanudan Adhyapak Mahavidyalaya Sansthachalak Association Thr.President,Dr. D.B. Josh