Petitioner convicted under Section 394 IPC sought furlough. The application was rejected under Rule 4(2) of Chapter XXXVII of the Maharashtra Prison Manual barring offences under Sections 392 to 402 IPC. The court found no error in the rejection and discharged the rule.
Rule discharged; furlough application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13_wp_548_15_disp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.548 OF 2015
Bistappa Yallappa Bandargali
...Petitioner
Versus
The State of Maharashtra
...Respondent
Mr. Yashpal Thakur for the Petitioner. Mr. H.J. Dedia, APP for the Respondent-State.
CORAM: SMT. V.K. TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ
DATED: 17th March, 2016
ORAL ORDER: [PER : SMT. V.K. TAHILRAMANI, J]
Heard both sides.
Said application came to be rejected in view of Rule 4 (2) of Chapter XXXVII of the Maharashtra Prison Manual. The said chapter deals with rules of release of prisoners on furlough and parole. The Petitioner has been convicted for offence under section 394 of the IPC. Rule 4 reads as under:-
“4. The following categories of prisoners shall not
be considered for release on furlough:-
Megha
1/2
13_wp_548_15_disp
1....
(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.)
Megha
2/2
3 issues framed by the court
Whether Rule 4(2) of Chapter XXXVII of the Maharashtra Prison Manual correctly bars release on furlough for a prisoner convicted under Section 394 IPC
Whether there was any error in the order rejecting the petitioner's application for furlough
Whether the impugned order disallowing furlough to the petitioner should be allowed
3 provisions across 3 enactments
Bistappa Yallappa Bandargali
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhu Dessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court