Petitioner, convicted in double murder, sought furlough rejected due to adverse police report and danger to witnesses who feared retaliation. Court dismissed petition refusing interference.
Petition dismissed; rule discharged.
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jdk 1 2.crwp.4335.16.j.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4335 OF 2016
Bhalchandra Baban Bhopi ] C-10345 Nasik Road Central ] Prison, Nasik ].. Petitioner
Vs.
The State of Maharashtra ].. Respondent
Mr. Prosper D'Souza Advocate appointed for Petitioner Mr. H.J. Dedia A.P..P for State
CORAM : SMT.V.K.TAHILRAMANI AND REVATI MOHITE DERE, JJ.
DATED : JANUARY 06, 2017
ORAL JUDGMENT [PER SMT. V.K.TAHILRAMANI,J.]:
2 The petitioner preferred an application for furlough on 7.3.2016. The application was rejected by order dated
18.5.2016. Being aggrieved thereby, the petitioner preferred
an appeal. The appeal was dismissed by order dated
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jdk 2 2.crwp.4335.16.j.doc
21.9.2016, hence, this petition.
3 The application of the petitioner for furlough came to be rejected on the ground that police report was adverse and the petitioner is involved in a case of double murder. In addition, it is apprehended that if the petitioner is released on furlough, there would be danger to the life of the complainant and witnesses. The learned A.P.P. has relied on the statements of Shri. Ramchandra Meher and Harischandra Meher who state that if the petitioner is released, there would be danger to their life. Ramchandra has stated that he is the nephew of the petitioner and if the petitioner is released, there is danger to his life as well as life of his wife Vanita and Son Rupesh. Ramchandra is the complainant in the case in which the petitioner has been convicted in a double murder case.
4 Ramchandra and Harischandra have stated that on the day the petitioner was convicted by the Kalyan Sessions Court, the petitioner threatened them that after he is released from jail, he will kill them and both of them prayed that the petitioner may not be released on furlough.
2 of 3
jdk 3 2.crwp.4335.16.j.doc
5 In view of the above facts, we are not inclined to
interfere. Rule is discharged. Petition is dismissed.
[ REVATI MOHITE DERE, J.] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
3 of 3
1 issue framed by the court
Whether the High Court should interfere with the rejection of the petitioner's furlough application amid threats against witnesses and dangers to life?
1 provisions across 1 enactments
Bhalchandra Baban Bhopi
The State of Maharashtra
V.K.Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
